Eduardo Paladini
08/10/2020 - 22:01
- Clarín.com
- Politics
Félix Crous is the current head of the Anti-Corruption Office. He arrived there, like many other officials linked to the judicial world, at the impulse of Cristina Kirchner. His most commented action so far was precisely to alleviate the situation of the vice president in the Courts. As head of the agency, he decided to resign from the plaintiff role he had in the two cases that most concern his mentor. This Monday, Crous joined the advance against the Attorney General of the Nation, Eduardo Casal. He questioned having implemented "radical reforms" in the Public Prosecutor's Office, "which even included the logo"(sic). In her disorderly raid, she also asked to increase the number of members of the Supreme Court of the Nation and accused of "oligarchic reactionaries" those who want to keep it with five members. It is difficult for the head of the OA to ignore that the current composition of the Highest Court was born with a law defended by Cristina as Senator and Alberto Fernández as Chief of Cabinet. Now you must assume, or be certain, that they themselves are pushing for an expansion to increase their influence there.
Crous's sayings were just another drop in a Justice that lives these days in a state of alert and where everyone (including this official) moves at the pace set by the former president . Basically because the fronts that were opening cover the entire judicial system.
The transfer of judges, on the way to the Court
Following the request promoted by Gerónimo Ustarroz, brother of Minister Wado de Pedro and representative of the ruling party before the Council of the Magistracy and which had the key vote of the (now) Lavagnista Graciela Camaño, it was decided to review the situation of 10 judges, some involved in processes against Cristina. They question their transfers , the way they got to the places they occupy now.
After the first step in the Council, the Executive is expected to send the documents to the Senate to confirm or run them. Two chambermaids (Leopoldo Bruglia and Pablo Bertuzzi), anticipating the unfavorable vote in the Chamber led by the vice president, presented a request for protection in the Justice to stay. The case is likely to end up in court sooner or later . There, there were already two agreed that gave their opinion on the transfers: according to the chambermaids involved, they function as a precedent to support them. For Kirchnerism, those decisions do not apply this time.
The judicial reform, with "debate" by zoom
As in other projects of the K era, the reform will not have opposition support. The Frente de Todos decided anyway to speed up the discussion in the Senate, where the presentations have already started via zoom. In a particular way, according to judicial officials who question the changes. "They want to change a large part of the Justice and give us 7 minutes to speak. That is not a debate," exemplified one of the speakers.
Each thick section of the reform would expose contradictions . "The unification of the jurisdictions and the creation of courts would imply temporary appointments and changes of jurisdiction, precisely when it is one of the points that are used as an argument in the Magistracy to review the transfers," explains a judicial source.
The Buenos Aires Crime Chambers and the National Civil and Commercial Chamber have already come out to oppose it. They said it is "unconstitutional". The judicial union led by Julio Piumato also opposed. In his case, he spoke of "labor flexibility". But in addition, one (another) fight with the Buenos Aires government is anticipated, due to the alleged transfer of more powers to the City Justice. Larreta already warned that he would only accept the change if they send him the resources. Cristina sat down, in the opposite direction.
The discussion about funds is central, when the country is heading for a historic deficit and resources are lacking in sensitive areas hit hard by the pandemic. In this framework, how will the Government defend the expenses that the changes in the Justice would imply? Part of the project also provides for the creation of 94 federal courts throughout the country. The expenses should be borne by the same Council of the Magistracy that, as Clarín said, faces a deficit of 16,000 million pesos. Also, specialists insist, progress will be made in the creation of courts when an accusatory system is in place that gives prosecutors more power.
The advice to expand the Court, just a first step?
Another of the most questioned points of Alberto Fernández's announcement was the creation of the Advisory Council to review the functioning of the Court, the Council of the Magistracy and the Public Prosecutor's Office. The emblematic case was the presence there of Cristina Kirchner's current lawyer, Carlos Beraldi . The appointment as coordinator of Fabián Musso, another criminal lawyer who defended the Kirchner couple in the first case for alleged illicit enrichment, also attracted attention.
Several of the councilors have already spoken in advance in favor of the expansion of the Highest Court and raised doubts about the depth of the debate that they should face. Other jurists were a little more alarmed by the sayings of Eugenio Zaffaroni. A little less than a week ago, the former judge of the Court insisted that what must be reformed, in a "essential and inevitable" way, is the Constitution . Are not the jurists exaggerating? "Alberto had announced that he would not touch the Court and here we are," replied one of them.
