The Santa Cruz Legislature reinterpreted the constitution to appoint a friend of Maximo Kirchner who is not registered as a provincial court judge.

The Santa Cruz Legislature reinterpreted the constitution to appoint a friend of Maximo Kirchner who is not registered as a provincial court judge.

The Santa Cruz Legislature reinterpreted the constitution to appoint a friend of Maximo Kirchner who is not registered as a provincial court judge.

The All Front made a “broad interpretation” to circumvent the constitutional requirement; Fernando Basanta fought for the leadership of La Campora and was a participant in Alicia Kirchner’s campaign; He is 42 years old and received his law degree at the age of 34

Fernando Basanta with Gov. Alicia Kirchner during Alberto Fernandez's first act as a presidential candidate at the Santa Cruz Governor's White Room on May 20, 2019.
Fernando Basanta with Gov. Alicia Kirchner during Alberto Fernandez’s first act as a presidential candidate at the Santa Cruz Governor’s White Room on May 20, 2019.

EL CALAFATE.- The All Front majority in the legislature approved the list Fernando Basanta, close man Maximo Kirchner, as the fifth member of the Superior Court of Justice of Santa Cruz. From the opposition, they asked Alicia Kirchner’s former government minister and her campaign contributions in 2015. Does not have six years of professional experience to hold office, which is a constitutional requirementL. From the ruling party, they invoked a “broad” interpretation of the provincial constitution to vote for Basanta, who is 42 and graduated in law eight years ago.

Section 127 of the provincial constitution establishes a requirement for applicants to the provincial court to have at least six years in the professional practice of law. However, this was confirmed yesterday by the supervision of the Supreme Court of Justice Basanta was never enrolled in the province. The deputy at the session Martin ChavezAn informant member of the Frente de Todos, argued cases of jurisprudence as in the rest of the country of Basanta where it was provided. Seniority in public office Seniority of the applicant or degree.

The appointment of a man close to Maximo Kirchner has sparked backlash and denials in recent days, including Two amparos were represented in the provincial justice Trying to stop the designation that was finally approved today 16 votes from everyone’s front Four negative votes against and three abstentions from the deputies of the Radical Civil Union, Citizen Meeting and We are the energy renewal of Santa Cruz. The session was accompanied by officials and militants from the All Front who applauded Basanta’s appointment from the stands. The current prosecutor of Rio Gallegos instructions.

In order to defend the votes in favor of the former minister, MP Chávez argued that the interpretation “A broad understanding of the provincial constitution.And read the decisions of various provincial courts and the Supreme Court where they support the position that seniority in professional practice It is not strictly from the private practice of a lawyerBut can exercise the public function of the candidate.

Among the arguments he used to support his position in favor of Basanta’s appointment, Chávez quoted author German Bidart Campos and read the text of the text. Handbook of the Reformed Constitution: “Eight years of training should not be construed as liberal training appropriate to a lawyer. Exercising in any management or public or private position may be sufficient, Which requires a lawyer’s degree, and even more, the constitutional seniority accumulated after obtaining the qualifying title would be sufficient even if the profession or the positions derived from it did not exist.

Along the same lines, the deputy brought Constitutional law treaty Gregorio Baden and various decisions of the Provinces of Chubut, Mendoza, Santa Fe, Buenos Aires, Mendoza, and also the Supreme Court of the Nation, where he found that there were decisions that prevailed over the interpretation of the broad meaning of the constitutional texts. . “Practicing a profession is not equivalent to registration, as derived from legal analysis in the light of judicial and doctrinal interpretations. That is, practicing the profession does not require registration to calculate the years required by the standard. In other words, a qualification from a university authorized by Coneau is enough,” he said.

Maximo Kirchner and Fernando Basanta, on election day in Rio Gallegos.  photo file
Maximo Kirchner and Fernando Basanta, on election day in Rio Gallegos. photo file

During the argument, Chavez also dismissed questions about the appointment of a judge close to Maximo Kirchner and tied them together. “Hate Language”:There is a political use of lies through court letters and the media, and this is linked to hate speech which have taken on such importance in the very serious events that have recently occurred in our country and have seriously damaged our democracy.

your turn The opposition MPs could not express their position before votingGiven that Chávez, after reading his arguments, proposed a motion for a vote on the statement and considered that the deputies who opposed It was already expressed by the media. In a roll call vote only, three of the seven MPs who did not accompany the statement abstained to question Basanta’s appointment and to record their position in a shorthand version.

“A justice of quality and independence has been declared here, and Dr. (Marcela) Ramos has been left aside, with more than 20 years of judicial activity,” the deputy condemned. Gabriel Olive, Citizens meeting and added: “Dr. Basanta was not in the Coniset or in academia, he held office and was an official of this government. Basanta cannot be interpreted as background collection. What is being done in this house is illegal“.

Radical in turn Daniel Rockel assured that with Basanta’s appointment they are looking for “Educate the judges so that they know that political power always wins in arm wrestling.” and questioned Basanta’s closeness to Kirchnerism. Some people in this room tore their clothes a few weeks ago because the prosecutor (Diego) Luciani had a photo of (Mauricio) Macri playing football and now it doesn’t bother them. [Basanta] He was a contributor, member, minister of FPV,” Rockel listed.

future member of the court

According to official records consulted , Basanta was a contributor to the front’s victory campaign In 2015, in the elections, he would leave Alicia Kirshner before the government. Christina Kirchner’s daughter-in-law appointed him as a government ministerHe held the position until 2019. On December 10, 2019, Basanta resigned, but He remained unemployed for only a few days: he was appointed by order of Kirchner On December 27 of the same year, under the leadership of the investigative prosecutor’s office No. 1 of Rio Gallegos.

His contribution to the campaign in 2015 explains Miss The trajectory is more related to political activity than judicial work. Over the years he has been a He was recognized as a fighter and was in the close circle of Maximo Kirchner. According to a summary submitted to MPs, Basanta At the age of 34, he graduated in law from the University of Buenos AiresWhile working as the National Director of Legislative Affairs in the Ministry of Justice.

Source: La Nacion