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The Supreme Court ruled in favor of Elisa Carrió in a lawsuit filed against her by Ricardo Lorenzetti's right hand

2024-03-01T02:03:35.865Z

Highlights: The Supreme Court ruled in favor of Elisa Carrió in a lawsuit filed against her by Ricardo Lorenzetti's right hand. Héctor Marchi had sued the leader of the Civic Coalition for damages. She had accused him of illicit enrichment and the administrator of the supreme court took action against her after being acquitted in a case. The judges confirmed that she, having been a deputy, had immunity to express his opinions. The ruling is signed by judges Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda.


Héctor Marchi had sued the leader of the Civic Coalition for damages. She had accused him of illicit enrichment and the administrator of the supreme court took action against her after being acquitted in a case. The judges confirmed that she, having been a deputy, He had immunity to express his opinions.


Within the framework of the lawsuit for

damages that

Ricardo Lorenzetti's right-hand man

, Héctor Marchi,

had initiated against

Elisa Carrió

when she was a deputy,

the Supreme Court

of Justice ruled

in favor of the leader of the Civic Coalition

and ratified that in her As a legislator, she could not be “accused, judicially questioned, or harassed for the opinions or speeches” she issued.

Carrió had denounced the Court judge and his right-hand man in 2016 for

alleged illicit enrichment

, but Justice dismissed the defendants.

Lorenzetti's right-hand man then filed a

civil lawsuit against the then-deputy

and the other complainant, also then-legislator Fernando Sánchez.

The lawsuit escalated to the

Civil Chamber,

which agreed

with Marchi

in 2018 by alleging that the

immunity

that the deputies had

did not apply to the false accusation

that they had made against him.

Héctor Marchi, former general administrator of the Supreme Court of Justice who sued Elisa Carrió.

Carrió's reaction was to file an

extraordinary appeal before the Supreme Court

, which this Thursday ruled in

favor

of the leaders of the Civic Coalition.

The arguments of the Supreme Court in favor of Elisa Carrió

The highest court

revoked the House's ruling

and recalled that the constitutional norm establishes that none of the members of Congress can be accused, judicially questioned, or bothered by the opinions or speeches they issue while carrying out their mandate as legislator and that it has always been maintained

the absolute nature of said immunity.

He pointed out that the possibility that a member of Congress could be subjected to a process, so that his

opinions or

legislative votes and the motives that determined them could be investigated or judicially interpreted,

contradicts the idea that

the members had about the division of powers.

authors of the Constitution.

In that sense, they stated that it is

preferable to adopt a broad criterion when

freedom of expression and parliamentary immunities

are at stake ,

because in this way the powers of control of the Legislative Branch over the remaining institutions are not affected.

Finally, the Court recalled the privileged place accorded to freedom of expression and opinion compared to the attenuated standard of protection - in the face of issues of public or general interest - when

the passive subject

or recipient of the criticism and opinions

is a public person.

as happened in the case of Marchi.

Supreme Court judges Ricardo Lorenzetti, Juan Maqueda, Carlos Rosenkrantz and Horacio Rosatti.

Photo Federico López Claro

The ruling is signed by judges Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda.

Ricardo Lorenzetti, on the other hand, did not sign: Carrió had challenged him

due to his relationship with the plaintiff, who managed the judicial budget when the judge presided over the court.

D.S.

Source: clarin

All news articles on 2024-03-01

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