Lucia Salinas
08/24/2020 - 10:09
- Clarín.com
- Politics
“If you want to change the concept that society has about Justice, this reform is not the way . You have to go to the accusatory system, ”Judge Daniel Rafecas asked President Alberto Fernández. Rafecas is, for now, the ruling party's candidate for the Attorney General's Office. By personal conviction or by determination of Cristina Kirchner, the Head of State told him that he was convinced that the project sent to Congress, which will lead to 46 Buenos Aires federal courts busy investigating corruption, was the way to be remembered as "the President who reformed Justice ". However, not even that dubious award could hang from his chest: in recent weeks, Kirchnerism has set its sights on various judicial pigeonholes: the Court, the Attorney General's Office and the Federal Chamber.
Like a puzzle, with pieces one more relevant than others, from various State agencies Cristina Kirchner imposes herself with changes in the Justice , in a plan that transcends Comodoro Py and that for the opposition is an "advance to obtain impunity."
The Procurement
Christianity advanced in the Senate with the opinion of a draft resolution to annul the appointments in the Courts of Prosecution of the Public Prosecutor's Office and Defenseof vowels named by Cambiemos. In his replacement, lawyers related to the ruling party would be appointed . That Court could be the "plan B" to displace the interim attorney Eduardo Casal , if the opinion of the so-called "Beraldi commission" does not endorse the appointment or removal of the chief prosecutor with a simple majority of senators.
Federal judge Daniel Rafecas, Alberto Fernández's chosen one for the Attorney General. Photo: Presidency.
Far from the two-thirds of the votes needed so far, Kirchnerism is looking for alternatives to lower that bar. For this reason, Judge Rafecas called the Government a week ago to announce that if they advance in this change, as in the dismissal of Casal, he will not assume the position. It will not lend itself "to that game that weakens the system itself," he said.
Another message was implicit: Rafecas believes that if they appoint him by a simple majority, they can remove him in the same way. The position of attorney general is extremely important in a country that is moving towards the accusatory criminal system, in which prosecutors will be in charge of investigations. "I am not going to be the attorney for the simple majority," declared the federal judge.
The removal of maids
The administrative contentious judge María Alejandra Biotti had ordered the Upper House to suspend the treatment of the transfers of judges Leopoldo Bruglia and Pablo Bertuzzi to the Buenos Aires Federal Chamber, which Kirchnerism questions. The ruling bloc in the Senate made similar progress in the discussion, to deal with the specifications of the chambermaids in the Agreement Committee. The disobedience of the court decision lasted a few days, because this Friday Dr. Biotti reversed that refusal.
Both Bertuzzi and Bruglia make up Chamber I of the Buenos Aires Federal Chamber, responsible for reviewing the decisions of the investigating judges. Several resolutions of the Cuadernos de las Bribes case passed through her hands, where they confirmed the prosecutions of Cristina Kirchner and paved the way for the investigation to be elevated to oral proceedings.
Judicial reform
Without the opposition, the Frente de Todos approved last week in the Senate the opinion of the judicial reform project. At the request of the governors, some modifications were accepted, such as the creation of five Chambers of Appeals in the interior. The official initiative aims to "liquefy" the power of Comodoro Py, taking from 12 to 46 the number of courts of the Buenos Aires Criminal Justice.
The Minister of Justice, Marcela Losardo, on August 4, when she presented to the plenary the commissions of Constitutional Affairs and Justice and Criminal Affairs of the Senate. Photo: Senate of the Nation.
The opinion included an article attributed to Oscar Parrilli that maintains that the judges of all jurisdictions with federal jurisdiction based in the provinces and in the Capital must "immediately communicate to the Council of the Magistracy (with a Kirchner majority) any Attempt to influence its decisions by political, economic or media powers , members of the Judicial, Executive or Legislative Power, friends or pressure groups of any kind, and request the necessary measures for its protection ”. The President downplayed this "Parrilli clause" this Sunday, saying that "he is an idle attaché."
Although the national Civil and Commercial jurisdiction will not be finally unified with the national Administrative Litigation, but rather a Tribunal for the Resolution of Conflicts of Competence will be created, the creation of the federal criminal jurisdiction continues. E l officialdom seeks to approve the project discussed this week and let him appoint 600 judges and prosecutors throughout the country.
CFK's commission and attorney
The reform project was accompanied by the creation of an advisory commission whose main focus is to analyze the makeup and work of the Supreme Court of Justice, knowing that Cristina Kirchner wants its number to be expanded. This commission has among its members Carlos Beraldi, lawyer for the vice president, his children, Fabián De Sousa -a partner of Cristóbal López-, and the Indalo Group.
While participating in the virtual hearings in the corruption trials against some of his clients, Beraldi is a member of the commission that will also define what is the best operating model for the Public Prosecutor's Office. In Comodoro Py, a prosecutor before Oral Tribunals described them as follows: “In the trials, we will have lawyers in front of us who will be the ones who will give their opinion on the direction of the Ministry that represents us and governs the accusers”, referring to Beraldi and Carlos Arslanian , Cristóbal López's lawyer.
A multi-million dollar lawsuit
In the puzzle of the advance of Kirchnerism on different positions of the Justice, Carlos Zannini -Procurator of the Treasury-, has in his hands the key to bring down a multimillion dollar lawsuit against Cristina Kirchner. The previous management of National Highway, denounces the former President for damages for more than 21,000 million pesos for the unfinished works that were awarded to Lázaro Báez and the damage that this caused to the public treasury. The former Legal and Technical Secretary of Kirchnerism, now the head of all the attorneys of the State, may decide that this claim should not be continued in the contentious administrative jurisdiction.