Claudio Andrade
09/11/2020 - 18:37
Clarín.com
Politics
The surrogate federal judge of Bariloche, Gustavo Zapata,
rejected the request for the eviction of the 133 families
that since last month have occupied 60 hectares in the Federal Reserve of El Bolsón, Río Negro.
The request had been filed by federal prosecutor Silvia Little on September 8.
In a ruling with strong criticism of the national State for its responsibility towards social crises and inaction in the face of the phenomenon of usurpations throughout the country, Zapata in turn requested the municipality, led by Bruno Pogliaro, to carry out a registry with the purpose of knowing the exact number and family composition of people are in place.
For this task he assigned a period of 15 days.
For the rest, he ruled out that for the moment the transfer of families can be enabled in his court.
For the judge, the panorama is complex.
“(The eviction or, finally, the permanence of the neighbors endorsed by the Justice)
will bring serious consequences
for the parties in litigation.
If the eviction is decided belatedly, it will damage both the complainant and the usurpers themselves, who will probably have incurred considerable construction costs.
If, on the contrary, in a belated manner the occupants are granted reason, they will have already been evicted and remained in a vulnerable situation, exposed to dangers to their integrity and life, in addition to the obvious economic damage, ”he reasons in his ruling.
Zapata makes it clear that, after analyzing the facts that prosecutor Little uses in her request, she does not find a “crime” for which the families can be held responsible.
“(...) the people settled there have even told the head of the MPF (Public Prosecutor's Office) that they do not have any opposition to being relocated, since their claim is inherent to the housing crisis they are suffering and not to the portion specific land they occupy today ”, indicates the judge.
“(...) the animus dominii required by the criminal offense provided for by art.
181 of the CP (referring to "Crimes against property") should be analyzed in detail prior to prosecuting them by criminal means.
This point would also destroy the argument of the instructor related to the future claim that these families could file to be legitimized in their right, since they do not have the will to transform their current possession towards the ownership of the place, but only it stands as a form of claim against the imperious situation they are going through, ”he adds.
"In addition to all this, the inspection report carried out by the MPF has in turn corroborated that no breaks have been found and even that in the place" ... only in the initial portion of the road, about 20 meters, there is a fence ... " , emphasizes the magistrate.
And remember another shot started 9 years ago in the same town.
“By this I mean that I have no doubts that the deficit state policy on housing
has
,
in turn
,
led us to find huge portions of land that, obviously, cannot even be controlled by the state itself,
which with its inaction allows the massive settlement of entire families;
Without going any further, in 2011 -in the vicinity of the currently occupied properties also owned by the complaining entity- countless people settled who over time managed to deliver those lots and the formation of seven neighborhoods that at the date they do not have any legal regime ”.
Prosecutor Little had asked Judge Zapata to evict the families based on the violations of the law that he observed in the area.
The mayor Pogliano denounced that trees were being cut down and lots were being sold on Facebook.
At first, the judicial officer told the mayor that she could not find reasons to initiate a criminal case.
But then she changed her mind and made it known to Judge Zapata.
“There are no doubts here that we are in the presence of a crime, punctually, of the criminal type provided for by art.
181, inc.
1 of the Penal Code, since those 133 families clandestinely entered the properties owned by INTA and settled there, claiming as their own the portions of land that each one unilaterally demarcated for themselves, ”he stated before the federal magistrate.
“It does not escape the undersigned that we are in the presence of a special conflict framed in the serious economic and housing crisis that the country is going through, not only as a result of the current Health Emergency due to the spread of COVID-19 but also the product of decades of lack of serious public policies in the matter ”, continues.
Prosecutor Little asked that the families receive accommodation from the Río Negro authorities.
In an at least debatable view, Judge Zapata ruled that peaceful evictions are "impossible".
“(…) I have learned by various media about statements by stakeholders interested in the conflict that indicate that in these cases the best way out would be what has been called“ peaceful eviction ”, a term that experience indicates as impossible, since from its genesis any launch necessarily implies the use [even minimal] of state force (…) which without a doubt - taking into account the serious social context that our country is going through - should be avoided in order not to deepen the needs faced by a large number of inhabitants of the Republic ”, he points out.
“(...) I have no doubts that we are faced with an extremely sensitive issue that only reveals the situation of vulnerability in which a large number of people living in the Argentine Republic are immersed, considering that under no circumstances The magistrates may set aside respect for the dignity of the people who make up such a delicate group or the protection that their rights deserve in order to access a housing solution, distancing the action of criminal justice from those events, in which their application must always be the last ratio ”, he concludes.
Between Thursday 20 and Tuesday 25 a group of more than 100 people representing 133 families entered the Federal Reserve of Mirador Azul and Cabeza del Indio de El Bolsón.
As Clarín was able to find out, behind the usurpation are the social referents Juan Fernández (linked to the murder of a policeman in San Martín de los Andes by Chilean leftist militants) and Juan Grabois.
