Cristina 2023 is the slogan that remained latent after the act led by La Cámpora in Avellaneda.
One day after the vice president spoke from Río Negro and repeatedly used the word
“proscription”
.
Everything happened, orchestrated, after knowing the foundations of the conviction for
corruption
that has weighed on her since last December.
But what if
Cristina Kirchner
is a candidate and wins?
What would happen in that case, in whatever position, if once the sentence was accepted, she remains firm?
Kirchnerism appeals to the name of Cristina Kirchner a few months after the closing of the lists.
Nobody manages to ensure with full certainty if she will play electorally as a candidate or not.
The clamor operation is underway with a
contradiction
: those who ask for the nomination of the vice president also maintain that she is banned.
The latter is the most resonant term on the part of the vice president to defend herself against legal accusations.
She first established -in December 2019- the concept of
lawfare
when she was investigated by the Federal Oral Court 2 (TOF 2).
Without responding to the legal accusation, she defended herself with political arguments:
she was the victim of a persecution that had the purpose of damaging her electorally.
Posters postulating Cristina Kirchner.
When the trial entered its final stage, Cristina Kirchner tried another concept: the ban.
Everything responded to an armed force to prohibit him from competing in this year's general elections.
Kirchnerism and
Alberto Fernández
himself , once again, came out in an orchestrated way to replicate this idea.
Two considerations that stand out in the Judiciary.
The first one is that the figure of proscription
does not exist
in the Argentine Penal Code, therefore, it would be difficult to apply it.
Second, and perhaps more relevant, is that a conviction resulting from a process such as an oral trial is never a proscription but rather the conclusion reached by the judges, in this case, after three and a half years.
doomed
Cristina Kirchner is sentenced to
six years in prison
for acts of corruption.
She was found responsible for having defrauded the State, damaging it by 85,000 million pesos, the indictment maintains.
In other words: the Court held that the former president was moved by the "greed for personal interests" putting them before the protection of public interests, which was her constitutional duty.
With the sentence, the accessory penalty, as it is called,
is perpetual disqualification
from holding public office.
This concept is the one raised by Kirchnerism as an idea of proscription.
The truth is that the disqualification is imposed as an accessory penalty to the crime of fraudulent administration, "when the attributed fact constitutes abuse of authority, position, profession, trade, power or violation of a duty inherent to the public function."
That, the Court unanimously said, is what Cristina Kirchner did: she used the State and the public treasury to benefit Lázaro Báez with whom she had two private businesses that were fed by public funds, "the final benefit was to enrich the patrimony of the ex-presidents”, says the fundamentals.
Against this backdrop, the ruling party was quick to maintain that Cristina Kirchner is outlawed.
The vice president herself said it on Friday after knowing the fundamentals.
However, a day later they began with the operative cry for her to be a candidate.
And if Cristina is a candidate and wins?
The scenario of the ban has already become clear that it is a political proclamation but without legal support.
The vice president can be a candidate.
Her sector asks for it.
If she agrees and wins, for example as a senator, what happens if once in office the accusatory sentence is confirmed by the Court?
The possibility clears all impediments for Cristina Kirchner to be a candidate.
If she plays electorally and runs for a seat in the Senate, the same one that she presides over today as vice president, and she wins, how does that coexist with her judicial scenario?
Cristina Kirchner can hold public office until the Supreme Court rules on the sentence that entails perpetual disqualification.
Hypothetical scenario: the vice wins and takes office in Congress.
She begins her term as a senator and at the time she begins to exercise her position, her sentence reaches the Court and there is a pronouncement, a confirmation of the charges for corruption.
Constitutionalist
Felix Lonigro
answered the question: “Nothing would happen because in that case he would have privileges.
She would have a firm sentence but they could not arrest her.
In this case, the privileges would be kept unless removed by the Chamber to which it eventually belonged."
And if Cristina Kirchner is a candidate for president and wins?
This scenario is the one that several pollsters see as least likely because they point out that if in 2019 it was already evident that she did not have enough votes to win without Alberto Fernández, currently that situation has deepened.
But if it occurs, “the situation does not differ, she would have privileges, which could happen that Congress removes her for committing a crime, and then, without privileges, she can be arrested.
The political trial is for the president, vice president, ministers and judges of the Court.
Legislators are dismissed by the Chamber to which they belong with two-thirds of the votes,” explained Lonigro.
The truth is that any of the scenarios exposes a reality:
the vice president can be a candidate, possibly what happens is that behind the ban speech what there is is the "refusal to compete electorally",
as
a source from
the
Pink House.
look also
Andrés Larroque left open the possibility of breaking the Frente de Todos: "We are going to fight in the background"
Juan Grabois visits the Pope, tension in Juntos due to the lists and the Cristina-Capitanich formula
