03/01/2021 18:18
Clarín.com
Politics
Updated 03/01/2021 18:18
Federal judge Sebastián Casanello refused to summon Victoria Donda, the inspector of the National Institute against Discrimination (INADI), for the complaint of her former domestic employee, in the case that is investigating whether she committed a crime by offering her a position in the agency .
The magistrate considered that there is a "deficit in the imputation" and it is not appropriate to call the INADI auditor for an investigation.
"The problem we observe is that there is no - or has not been made explicit in the tax report - a functional act that specifies the deviation of power allegedly advanced in the conversations between Donda Pérez and his former employee," said Casanello in the resolution with which decided not to allow the investigation requested by the prosecutor Guillermo Marijuan.
"The outrage that a dialogue between structurally unequal parties can generate to reach unfair agreements, the labor violations of an employer and / or the naturalization of an inappropriate and unethical use of the public function, is not enough," said the magistrate in the text accessed by the Télam news agency.
Before returning the proceedings to the prosecutor Marijuan, Casanello asserted that "the condition of validity of an investigation could not be met if at the time of the intimation instead of reporting a specific fact -exposed in a complete, clear, precise and circumstantial way- , let us mention mere legal names, bombastic adjectives, abstractions or omit elements that legally characterize the imputation ".
The auditor of the National Institute against Discrimination, Xenophobia and Racism (INADI), Victoria Donda Pérez.
Photo file.
The magistrate pointed out that "this type of crime necessarily requires that there be a public official who issues resolutions or orders that are contrary to current legislation,"
in reference to the possibility of charging Donda with the crime of abuse of authority
.
According to the survey presented by Marijuan, "there were private conversations in the framework of which
Donda Pérez made an improper offer
."
However, "
there are no elements that indicate that after these dialogues there has been a resolution or an order issued by the head of INADI,
which provides to make such an offer effective," said the magistrate.
President Alberto Fernández had ratified it at the head of INADI by extending the intervention of that body for 180 days.
Donda had been left in the middle of the controversy after her domestic worker denounced that the former deputy offered her a contract there or put her in a social plan, if she gave up work at home.
"We initiated a criminal lawsuit and another in the labor jurisdiction," for crimes against the State and against the employee, said Arminda Banda Oxa's lawyer, who worked in Donda's house.
The lawyer released an audio, in which Where he said: “What I am telling you is that out there you can write down a plan or something, we can write you down there.
I need you to tell me that, if you quit, because you have to unsubscribe to be able to sign up for a plan.
Likewise, later you can pay for you to take out your retirement.
But I also need to figure that out.
And I also understand that you need your money.
In the plans they are charging about 10,000 pesos and the considerations can be close to your house. "
In addition, text messages were spread, where the official also told her: "Tell me what you want to do and if I can help something with your sister. We can also see a contract at INADI."
Source: agencies
AFG
Look also
A prosecutor asks for the investigation of Victoria Donda for embezzling funds with the offer of a social plan for her employee
After the scandal with her maid, a survey measured Victoria Donda: she did very badly
