LA CORTE SUPREMA FALLÓ A FAVOR DE LA CIUDAD AUTÓNOMA DE BUENOS AIRES EN LA DEMANDA CONTRA LA NACIÓN POR LA COPARTICIPACIÓN

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El jefe de Gobierno porteño, Horacio Rodríguez Larreta opinó: «Es una gran noticia para todos los argentinos. Es una victoria de la Constitución y el federalismo por sobre los atropellos, el abuso de poder y la grieta. Tengo esperanzas, otra Argentina es posible».

En un hilo de Twitter, Larreta agregó: «Con el equipo estamos evaluando el fallo para, en el transcurso del día, tomar y anunciar las medidas correspondientes».

La Casa Rosada también recibió el fallo y se encuentra analizándolo para poder definir los pasos a seguir en Tribunales, tras este revés judicial.

La Corte Suprema dictó una medida cautelar a favor del reclamo de la Ciudad de Buenos Aires contra el gobierno nacional por la detracción de más de un punto de coparticipación federal en 2020 para asignárselo a la provincia de Buenos Aires.

El máximo tribunal, por unanimidad, le devolvió con carácter de provisoriedad el 2,95 por ciento de la masa de fondos coparticipables.

La medida cautelar obliga al Estado Nacional a devolver ese dinero, que –no obstante– no satisface el total del reclamo de la Ciudad, que es del 3,50 por ciento.

Según la Corte, la decisión no afectará a los ingresos del resto de las provincias.

“Las provincias no se ven perjudicadas con la solución, pues la cuota correspondiente a la Ciudad de Buenos Aires se detrae únicamente de los fondos que le corresponden precisamente a la Nación en la distribución primaria”, explicaron voceros del tribunal.

El reclamo por la diferencia entre el 2,95 por ciento otorgado hoy y el 3,50 que sostiene la CABA que le corresponde continuará tramitando en la acción de amparo, que aún no tiene una sentencia definitiva.

La adecuación al fallo de la Corte deberá hacerse mediante “transferencias en forma diaria y automática por el Banco de la Nación Argentina”.

La medida cautelar incluye la “suspensión de la ley 27.606 que había reducido la participación” de la Ciudad de Buenos Aires en la masa coparticipable.

En rigor, ese mecanismo se produjo primero por un decreto firmado por el presidente, Alberto Fernández, y luego ratificado por ley.

El recorte en la coparticipación porteña había sido decidido en 2020 por el presidente Alberto Fernández, quien así redireccionó fondos hacia la Provincia de Buenos Aires.

En esos momentos, el gobernador Axel Kicillof enfrentaba una fuerte protesta de efectivos de la Policía Bonaerense en reclamo de aumentos salariales.

La Corte subrayó que la autonomía financiera de la Ciudad de Buenos Aires aún no se concretó “por la falta de consenso para dictar una ley de coparticipación que le otorgue a la ciudad el lugar que le corresponde ocupar en el federalismo organizado por la Constitución”.

En 2016, durante el gobierno de Mauricio Macri, mediante un decreto se elevó la participación de la CABA en la masa coparticipable del 1,40 a 3,75 por ciento, como parte del financiamiento por el traspaso de la policía al ámbito porteño.

El fallo de la Corte señala que “las trasferencias de competencias, servicios o funciones son procesos que se cumplen mediante actos concertados del Estado Nacional y de la Ciudad de Buenos Aires, es decir, remiten a decisiones que deben ser tomadas de manera conjunta por los gobiernos de ambas jurisdicciones”.

Cuando se dictó aquel decreto, un mismo signo político –Cambiemos- gobernaba en la Nación, en la Capital Federal y en la Provincia de Buenos Aires.

El decreto del actual gobierno y la ley posterior que lo avaló retrotrajo la situación a lo que ocurría previamente a los cambios introducidos por el gobierno de Macri.

Ahora, el fallo de la Corte vuelve a poner, parcial y provisoriamente, en vigencia aquella decisión adoptada a principios de 2016.

La Corte Suprema aclaró que la cuestión de fondo siga tramitándose, pero ordenó las transferencias ya que «se morigera, por esta vía, el riesgo que enfrentan ambas partes de que, hasta tanto se dicte el fallo final, uno de los estados reciba menos o el otro deba entregar más recursos coparticipados de los que en definitiva correspondan».

El fallo fue firmado por los jueces Horacio Rosatti, Carlos Rosenkrantz, Juan Carlos Maqueda y Ricardo Lorenzetti.

Fuente: NA

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