CON FINAL POLÉMICO, EL OFICIALISMO LOGRÓ DESIGNAR A LA JUEZA FIGUEROA Y SE ABRE UNA DISPUTA INÉDITA CON LA CORTE
El Frente de Todos renovó el mandato, por otros cinco años, de la camarista que había sido cesada en funciones por el máximo tribunal. La votación resultó en empate y tuvo que definir la presidenta provisional del Senado.
En una jugada digitada por la vicepresidenta Cristina Kirchner que abre una disputa inédita con la Corte Suprema de Justicia, el Frente de Todos designó a Ana María Figueroa en la Cámara de Casación Penal por otros cinco años, después de que el máximo tribunal cesara en funciones a la jueza porque cumplió 75 años, el límite fijado en la Constitución Nacional para ejercer el cargo.
El oficialismo vivió un momento de zozobra: la primera votación resultó 35 a 35. Es que al interbloque le faltó una aliada, la misionera Magdalena Solari Quintana, que había dado quórum pero al momento de votar el pliego se ausentó. Por eso, tuvo que desempatar a favor la presidenta provisional del Senado, Claudia Ledesma Abdala.
Casualidad o no, Cristina no estaba presente en el recinto y se ahorró la tarea de desempatar en un tema donde la oposición le apunta directamente. “Que ponga la cara”, había reclamado, minutos antes, el jefe del interbloque Juntos por el Cambio, Alfredo Cornejo.
El Frente de Todos contó con apoyo de la aliada riojana Clara Vega y tres integrantes del bloque Unidad Federal: el jujeño Guillermo Snopek, el entrerriano Edgardo Kueider, la puntana Eugenia Catalfamo. Los dos integrantes restantes de esa bancada, la cordobesa Alejandra Vigo y el correntino Carlos “Camau” Espínola, votaron en contra, al igual que todo Juntos por el Cambio y Alberto Weretilneck, gobernador electo de Río Negro.
La votación dejó a la luz la falencia del interbloque opositor: podría haber ganado la votación, si no fuera porque tuvo una ausente, la neuquina Lucila Crexell, quien se encuentra en el exterior. Crexell es una exintegrante del Movimiento Popular Neuquino que integra un espacio propio dentro de Juntos por el Cambio junto con el mandatario electo de Chubut, Ignacio “Nacho” Torres, y otros legisladores.
CONFLICTO DE PODERES
La polémica se desató porque la Corte Suprema de Justicia, en una acordada firmada por sus cuatro integrantes, ya “jubiló” a Figueroa, quien debía fallar sobre la reapertura de las causas Hotesur-Los Sauces y memorándum con Irán. Los otros dos integrantes de la Sala I, Diego Barroetaveña y Daniel Petrone, ya dispusieron que Cristina vaya a juicio oral.
Pero el oficialismo ignoró el pronunciamiento de la Corte y le dio luz verde al pliego, que contaba con dictamen favorable desde hacía tres meses. “Sabemos lo que ha hecho la Corte, entrometiéndose con prerrogativas que son exclusivas del Senado”, cuestionó la presidenta de la Comisión de Acuerdos, Anabel Fernández Sagasti, del núcleo íntimo de Cristina.
Otra kirchnerista, Juliana Di Tullio, afirmó que “nada indica que el día que cumplió 75 años se convierte en calabaza”, y alertó que la oposición “se ha rendido ante el Poder Judicial”. También opinó que si se tratara de los jueces Barroetaveña o Petrone “no les hubieran pedido que se jubilen; lo hicieron (con Figueroa) porque es mujer”.
A pedido de Juntos por el Cambio, el nombramiento de la jueza se votó de manera separada de los otros 32 pliegos de jueces, fiscales, camaristas y defensores oficiales que figuraban en el temario. Fue tras un debate de dos horas y media donde los senadores opositores coparon la lista de oradores con críticas a la “agenda de venganza e impunidad” de Cristina.
“Semejante obsesión con esta jueza nos trae certezas, más que sospechas. La historia se va a encargar de ponerlos en su lugar y recordar a los kirchneristas como los que se llevaron puestas a las instituciones”, bramó la radical Carolina Losada. “Es un insulto a los 40 años de democracia”, sentenció su par santafesino Dionisio Scarpin.
A su vez, el jefe del bloque radical, Luis Naidenoff, se preguntó: “¿Ustedes creen que Figueroa quiere terminar su carrera judicial con el título de ‘okupa’ por un capricho?”.
Al cierre, el jefe del interbloque, José Mayans, denunció que “por una decisión administrativa bajan a una jueza de una Cámara, y nada menos que la Cámara de Casación”, cuando “en ninguna parte de la Constitución dice que la Corte pueda hacer nada con los miembros del Poder Judicial”. El formoseño vinculó esa decisión a “una instrucción del grupo Lago Escondido”.
A su vez, Sagasti recordó que “el Senado siguió el trámite reglamentario, se la llamó (a la jueza) a audiencia pública, y no existió ni una sola oposición a su postulación ni a sus antecedentes”. Además, recordó los antecedentes de los camaristas Silvia Mora y Luis Imas, cuyos pliegos se aprobaron en 2021 después de que cumplieran los 75 años.
En tanto, el jujeño Snopek, uno de los que aportó al quórum, enfatizó que “hay que respetar la división de poderes” y cargó contra la oposición. “Defienden la intromisión a otro poder del Estado, que ya lo hizo: no solo derogó con un fallo judicial una ley, sino que se arrogó facultades del Congreso y restituyó una ley”, dijo al recordar el fallo sobre el Consejo de la Magistratura.
CÓMO SIGUE
Con la aprobación del Senado se abre ahora un nuevo capítulo. Según explicó a este medio el abogado constitucionalista Andrés Gil Domínguez, “Figueroa tendrá que hacer la correspondiente presentación ante el Consejo o ante la Corte invocando este hecho nuevo, que es la aprobación del pliego, diciendo que solicita ser reestablecida”.
“Hay que ver qué hacen la Corte o el Consejo al respecto, teniendo en cuenta que existen otros casos donde, en idéntica situación, pudieron obtener un acuerdo posterior a los 75 años”, sostuvo.
Otro constitucionalista, Félix Lonigro (quien integra el grupo de intelectuales que apoya a la candidata Patricia Bullrich) denunció que el Senado incurrió en una “inconstitucionalidad”, porque “según la Constitución ella cesó en su cargo al cumplir 75 años de edad” y “no se puede dar acuerdo a una jueza que ha cesado en su cargo”.
Lonigro aseguró a este medio que “seguramente Figueroa va a poner en conocimiento al Consejo de la Magistratura para que el Consejo la devuelva a su cargo. Y el Consejo va a poner esto en conocimiento de la Corte, porque la Corte ya se pronunció. Cuando esto ocurra, la Corte va a decir, seguramente, que este es un acuerdo nulo, y por lo tanto le recordará a la jueza que ya cesó en su cargo, e imagino que la jueza no podrá recuperar su cargo”.
Antes de la sesión, la jueza federal Macarena Marra Giménez, del Juzgado en lo Contencioso Administrativo Federal Nro. 12, rechazó “in limine” una acción de amparo presentada por el abogado Pedro Javier María Andereggen para que el Senado no tratara el pliego de Figueroa.
Fuente: La Voz.
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