The national government appeared before the Supreme Court of Justice to
try
to reverse the ruling that declared unconstitutional and suspended
the application of the
labor chapter
of the decree of necessity and urgency (DNU) 70/23 of Javier Milei.
The presentation made by the National
Treasury Attorney
(PTN), the team of lawyers that represents the national State and is headed by
Rodolfo Barra
, includes
criticism
of labor justice and the
General Confederation of Labor
(CGT), whose representation he questions.
"
There does not arise
from the appealed sentence, nor from the records of the case,
any argument supported by evidence
, which indicates how the validity of the DNU
restricts or undermines the rights
in terms of freedom of association held by the plaintiff," the lawyers argued. of the Attorney General's Office in the document.
"It is also not explained
how
the validity of the DNU
affects the rights of the workers
that the plaintiff claims to represent," they added, with a jab at the CGT.
The arguments of the lawyers led by Barra avoid giving weight to the main question of the various judicial resolutions that suspended the application of the labor chapter of the decree: the
invocation of the conditions of "necessity and urgency"
to which the Executive Branch resorted to avoid passing the reform by the National Congress.
When the judges of the Federal Chamber of Labor annulled chapter 4 of the DNU, they remarked that "the text of article 99, paragraph 3, second paragraph, of the National Constitution is eloquent, and the words chosen in its drafting leave no room for "doubts that the admission of the exercise of legislative powers by the Executive Branch is made under conditions of rigorous exceptionality."
In their almost 40-page brief, the PTN lawyers
questioned the criteria of the Labor Appeals Chamber
to justify the non-application of the reform.
"It should be noted that the Court a quo takes a high and unjustified weighting floor regarding the need and urgency that enables the PEN to issue a DNU. Keep in mind that the norm issued and the bill sent
intend to modify the current regulatory framework
and the role that the State should have," the lawyers maintained.
Rodolfo Barra pointed out the representativeness of the CGT led by Héctor Daer in his brief before the Court.
Photo Emmanuel Fernandez
And they pointed out that "the State and the political authorities are questioned due to the high rates of unemployment and informal work and, on the other hand, when measures are taken in order to solve these social problems, they are
suspended and annulled by the Judiciary for requirement of a political
and power group, such as
the CGT
-
disguising itself as a vulnerable sector
, in the framework of judicial processes that do not respond to a case or cause."
The labor chapter of Javier Milei's DNU, entangled in the Courts
On January 30, the National Chamber of Labor declared the unconstitutionality of all the articles of the labor chapter contained in Title IV of DNU 70/2023 of the Government on the occasion of a presentation made by the CGT.
The court held that the labor reforms included in the DNU made public by President Javier Milei on December 10 were contrary to article 99, paragraph 3 of the National Constitution.
This section establishes that the national Executive "participates in the formation of laws in accordance with the Constitution, promulgates them and has them published", but that "it may not in any case,
under penalty of absolute and irreparable nullity,
issue provisions of a legislative nature."
In the ruling, the judges - Mario Fera, Manuel Díaz Selva and Héctor Guisado - were categorical in pointing out that what the Government sought to do through a DNU, at least in terms of reform of labor laws, should have been carried out by the legislative route.
D.S.