The Senate approved the judicial reform and passes to Deputies

In the session, which began after 2:00 p.m. and lasted 10 hours, the entry and exit of troops to carry out military exercises and the revocation of Mario Laporta's mandate as a member representing the Senate of the jury was also approved. prosecution of the Public Prosecutor's Office.

Officialism and opposition exchanged arguments in favor and against the initiative, while around the Congress a group of protesters protested against the reform that unifies the Federal and National Criminal and Economic Criminal jurisdiction, both of the City of Buenos Aires, under the name of Federal Criminal Court, with the aim of liquefying the power of Comodoro Py.

Late in the evening, the official senator Anabel Fernández Sagasti denounced that the vice president, Cristina Fernández de Kirchner, had been threatened with death by social networks, and that two Twitter accounts had published all the telephone numbers and addresses of the senators of the Frente De Todos and their families. "I call for reflection on the opposition, when we incite hatred in the citizenry these things happen. I hope it does not happen to adults because it is sad that this is the currency of these debates," he said. The senator of Together for Change, Martín Lousteau asked to speak to express his rejection.

27-08-2020_buenos_aires_la_vicepresidenta_cristina (1) .jpg

Cristina Fernández de Kirchner during the special session.

At the beginning of the debate, the informant member and the head of the Constitutional Affairs Commission, María de los Ángeles Sacnun gave an account of the scope of the project and indicated that she hopes that "This is the first law of many to carry out a true judicial reform that ensures the independence of judges."

After noting that "it seeks to deconcentrate the power of the federal judges of Comodoro Py", highlighted that "the situation of Justice in Argentina is serious" and that in "four years of Mauricio Macri's government a judicial table was installed as an extra-power body."

"That judicial table was part of the de facto judicial reform that Mauricio Macri carried out in Argentina ", Sacnun insisted and spoke of a" legal war "to" persecute opponents "with the consent of" AFI agents, prosecutors, judges and journalists. "

The PRO senator and Vice President of the Constitutional Affairs Commission, Laura Rodríguez Machado, based on behalf of Juntos por el Cambio the "total and absolute rejection" of the judicial reform project, which she considered "a festival of positions" and "one more gear within a strategic plan to control federal criminal justice."

The Cordovan legislator also criticized the DNU that creates a Advisory Council to advise the President and questioned that was sought ue from the ruling party to move towards "expanding the Supreme Court of Justice and modifying the structure of the Council of the Magistracy and the Public Prosecutor's Office to modify the designation regime for the Attorney General of the Nation."

"There are few the reasons why we are asking for a vote against, "he said and affirmed" that charges have been negotiated ", which were five times higher than the original text, so that the necessary votes are obtained in the Chamber of Deputies to become law reform.

In turn, his fellow bloc Esteban Bullrich, indicated that "when one sees a reform hatched in the basements of democracy, one has to be suspicious and the obligation when faced with that suspicion is to reject this project". "We want a reform, yes, transparent, debated and consensual, not some dark monstrosity," he added.

"We cannot celebrate this reform, for the moment it is chosen for it and for the way it is being carried out. A reform of this type requires a very broad participation to generate a general consensus and that does not happen here ", he continued and asked to debate" urgent things "such as the Law of the Knowledge Economy.

Senate 2.jpeg

Senate of the Nation.

In response, the senator of the Frente de Todos, Anabel Fernández Sagasti indicated that "the strengthening of justice and democracy is always timely." "We need a judicial power with greater transparency and social legitimacy. It is our duty as legislators to give answers to our citizens ", he argued.

In this sense, he criticized the opposition:" Now they say that we are in a pandemic, next year they will say that there are elections and so they will find any Uier excuse because they are addicted to the status quo and Peronism was voted to change things ".

" They also said that this was a reform that was not going to change people's lives. Not all of us are lucky enough to live in the City of Buenos Aires, that is why we decided to create cameras throughout the country. Here they spoke with an indolence, especially on the part of senators who come from the interior of the country and that is much more serious, "he added.

Meanwhile, the senator from La Pampa for the ruling party, Daniel Lovera, celebrated that the judicial reform project will expand positions in the federal courts based in the interior of the country and affirmed that it is "a historic advance."

In this sense, he gave as an example that in his province "there are two federal courts" in charge of "only one judge", so the reorganization in that sense "is a fundamental advance", and he added: "Justice represents a fundamental pillar for any democratic society , that is why it is necessary to improve its operation ".

For his part, the Chubut senator from the Frente de Todos, Mario Pais considered that this project is“ transcendent ”since it seeks“ adapt the structures of federal criminal justice to move towards a debt of Argentine democracy, which is the implementation of the accusatory system. "

" We received concerns and criticisms of the speeches of the specialists. The opposition was also invited to propose improvements to this bill and they have withdrawn that invitation. We regret that, we are really missing an opportunity, "he pointed out.

Radical senator Silvia Elías de Pérez assured that the judicial reform" is a project for the intervention of justice " "What they want is to take control of the judges who have investigated the causes of corruption that have taken away the dreams of many Argentines," he declared.

"They are delaying with this project, they are going in the opposite direction of what is needed. to implement the Criminal Procedure Code. There is no improvement of any kind, it is a system that will make it monstrous, "he analyzed and indicated that according to the calculation of Together for Change the project will need a budget of 6,000 million pesos.


Martín Lousteau, one of the few senators present in the room. [19659029] In the same In this sense, the senator of Together for Change, Martín Lousteau indicated that this "reform of the judiciary misuses politics to create impunity or ensure impunity" and questioned that it is not understood "why multiplying the Judges will make justice work differently. ”

“ There is a problem with the system and there is a problem with names and that is what we have to address, ”he said and ruled out that there are no visions to“ modify what concerns us ”. “There are and we do not debate them properly. Lately in Argentina we have debated a lot with power, with the majority, and very little with reason, "he continued.

The official senator, Oscar Parrilli, head of the Justice and Criminal Affairs commission, warned that Juntos por el Cambio's rejection of the project shows that "they are seeking impunity in the causes that Macri faces."

In reference to the addition made to article 72 to include the “media powers” ​​within the groups of influence that the magistrates should denounce in the event of possible pressure, he indicated: “The President was very clear when he said that the aggregate was redundant. But the hook we threw caught, because they all went out to defend the large media groups. ”

In this sense, he proposed a new wording that includes “ any attempt to influence, undue ”. "We took out the media word that scared them so much and we fulfilled the objective that the judges really have protection," he ironized.

Claudia Ledesma de Zamora.jpg

The senator for Santiago del Estero, Claudia Ledesma de Zamora.


At the time of the closings, the head of the Juntos por el Cambio bench, Luis Naidenoff considered that "This is a reform, or is it a patch, which is halfway there and we do not really know what it is. It is not a comprehensive reform, it is from the federal criminal jurisdiction, the question is to protect who ".

" The bill was mutating but what is seen is a smooth and straightforward attempt to colonize Justice. That is what it is about, to colonize Justice, to distribute charges, "he warned and He closed: "they have the numbers, but let's hope that when it is discussed in Deputies they will be able to find that parate that Argentina needs to reflect on where the priorities go."

Finally, the head of the Frente de Todos block, José Mayans, criticized the opposition for opposing the project and highlighted: "We have a good project ect that improves Justice throughout the country. We aspire to a transparent, free and independent Justice and we are going to channel the efforts of the Argentine people to get out of the Covid-19 crisis and what the Macri government left behind ".

" We have the challenge of a free Justice, independent, transparent, that it arrives on time and that it is not subject to any power and that is what this project says, "he closed.

What does the judicial reform say?

The project, which provides for the unification of the Federal Criminal and Correctional jurisdictions and National in the Economic Criminal, both of the City of Buenos Aires, under the name of Federal Criminal jurisdiction, creates 23 new Federal Criminal Courts that will be identified with numbers 24 to 46, with the intention of deconcentrating Comodoro Py. [19659009] The new courts will be occupied in a first instance by surrogate judges, until the appointment of the titular magistrates. In no case may the surrogate exceed a term of one year in office from the date of your appointment. The text clarifies that the cases currently pending will continue with their natural judge.

Also, all non-federal criminal jurisdiction is transferred to the City of Buenos Aires, thus complying with the constitutional mandate of the '94 reform.

In addition, Federal Courts of First Instance are created with seat in the provinces and their respective positions of judges, to achieve equity in the federal justice system, and new Chambers of Appeals are created, as well as official defense offices. and positions of prosecutors, who will play a fundamental role in the new accusatory system.

The bill sent by the Executive Power underwent several changes, among which are the raffle of the causes and, in that sense , progress will be made in transparency through recording by technical means under warning of nullity. Meanwhile, in the competitions for the selection of judges the written examination will be maintained, in addition to the public hearings, and the application of the law on democratic access to justice will be guaranteed.

Also, it was finally resolved not to unify the Federal Civil and Commercial jurisdiction with the Federal Litigation and Administrative jurisdiction based in CABA but in order to resolve conflicts of jurisdiction, a jurisdiction conflict resolution court will be created.

The Senate also gave rise to the proposal of the human rights organizations so that the Secretariats with specific competence in this matter retain this attribution, with their assigned personnel, so as not to hinder the causes of harm to humanity.

According to the project, the Bicameral Commission for Monitoring and Follow-up of the new Federal Criminal Procedure Code will gradually adapt the system towards a new democratic criminal system, in accordance with international principles.

Source link

Related Articles