The three priorities of Martín Soria to the Minister …

In the days preceding his arrival at the Ministry of Justice, Martin Soria he works at the intersection of his new post and the one he still occupies as a national deputy, with the aim of obtaining the votes for the reform of the law on the prosecution, one of the projects blocked at the lower house. Why are you interested in this law more than the law of judicial reform? Firstly, because Soria starts from the idea that if a new head of the prosecution is appointed in place of the one who until now is interim, Eduardo Casal, a central change can be implemented throughout the country, which is the “Adversarial system” or contradictory, approved in 2015 but never applied. This scheme in itself transfers the power of the courts to the prosecution, all the procedures are oral (for all to see), with more guarantees and supposedly more agile. There are two other questions that the future minister intends to prioritize: one announced will be the relationship with the Supreme Court and the attempt of certain modifications which may have an impact in this tribunal; the other will convert the gender perspective in a central issue in the justice system, which has shown ingrained macho traits that even endanger the lives of women who speak out against violence, for example.

The difficult reform

Plans judicial reform The past year has been marked by the goal of diluting the power of federal judges, who have played a leading role in the use of cases to intervene or interfere in politics with instruments, among others, such as the arrests of former officials. The reform project presented by the executive power was based on the criterion of the multiplication of courts and the structure of the courts of appeal, plus the courts of the provinces, with this objective. This proposal is far from garnering votes in Congress. But there are several jurists who consider that the real reform, at least penal, was already approved at the end of 2015 and that it only remains to be implemented. Is reform of the code of criminal procedure which would set up the “adversarial system”. Mauricio Macri’s government did not do it, because it found short ways to influence the judiciary and to have allies ready to “politicize justice and pursue politics” through the use of court records, often armed with accusations of trout. When he managed to move former lawyer Alejandra Gils Carbó but was unable to appoint judge Inés Weinberg de Roca, he found an acting partner Casal without much effort.

The great discussion around the reform project of the Public prosecutor’s office, which was originally motivated by opposition representatives such as Martín Lousteau and Lucila Crexell, is the majority that will be needed to elect a new lawyer. The current rule requires that the agreement be reached with two-thirds of the votes of the Senate. Whoever has obtained a half-sanction, allows an absolute majority, because it also shortens the mandate to five years, renewable for five others. The criterion was that, since it was no longer a life post, the required majority could change. This is common in other countries: in Brazil and Paraguay the simple majority applies. And not in all countries the legislature participates in elections. In Peru and Ecuador, the bodies involved do not require a special majority. For the impeachment process, the bill that was approved by the Senate requires an aggravated majority. The key to voting on this law is also to unlock the appointment of a new lawyer.. For the executive branch, the name continues to be the one that has already been officially proposed, i.e. the judge Daniel Rafecas. Last year Rafecas said he didn’t agree with the change in majority, but it wouldn’t be a steadfast position if it was a limited term.

Among the negotiations Soria is attempting these days, one of the strongest is with the bloc Federal Cordoba four deputies and deputies who report to the governor Juan Schiaretti. The treatment the biofuels law might have this week would be a key step in resolving the fate of those votes. The province is asking for the extension of the current law, which expires in May, but there is a project in the dance that could bring the positions closer. The discussion revolves around the benefits that current law gives to the production of biofuels from soybeans and corn. The other central block in the negotiation of the law on the prosecution is that of Federal consensus, lavagnism. With its members there are some difficulties as they expected more presence in the distribution of positions when Alberto Fernández became president. Those who stayed in key locations were Marco Lavagna in Indec and Graciela Camaño as chair of the Judicial Council’s selection commission. There she accompanied Kirchnerism but did not do so in Congress. When Soria’s appointment was announced, Camano was not closed to talks. The Federal Interbloc in total has 11 members who can play a key role in the vote, of which 8 or 9 are lacking.

Some jurists and leaders believe that the president should have an alternative name to that of Rafecas to unblock the plot as well. For the moment, no other option is heard. The advisory board that Alberto Fernández appointed to propose reforms had proposed changes in the appointment of the chief prosecutor and, in fact, this statement was relevant to the definition in the Senate. A change of head of the public prosecutor’s office would be at the heart of the development of a penal policy and the development of the adversarial regime which places investigations in the hands of prosecutors, refers all oral proceedings, increases guarantees thanks to their transparency and accelerates procedures. deadlines. This is a modality where the role between judges and prosecutors is quite different. The first are guarantors. Now the judges do it all: they investigate, they raid, they investigate and they verify each other.

Soria has said in conversations with collaborators that the reform he proposes to multiply courts is incompatible with procedural reform because more prosecutors will be needed. If anything, it will encourage creation of the bicameral commission to study the behavior of the judiciary, as part of the cross-checking system announced by Alberto Fernández. There is a bill to form this bicameral, which is managed by the president of the deputies, Sergio Massa. The other question, less immediate, will be the sending of a reform project of the Judicial Council, as suggested by the advisory council.

The Supreme Court

Soria is among those who believe that the beginning of the great problems of justice is at its apex, the Supreme Court, which has also played an important role in the political use of cases. The government has no fluid bridges today with the highest court, and the new minister has already announced that the first thing he will do is request a hearing with his members. He knows of times past, through his late father, Carlos “el Gringo” Soria, in Juan Carlos Maqueda already Ricardo lorenzetti. You will not meet strangers. The agenda of the subjects he intends to cover is very varied, because it includes suspicions about the system of drawing lots for cases, training in the Micaela law that the supreme have not accepted, the permanence of a prosecutor acting in front of the lawyer. (the same one who acts before the Court), with regard to the Judicial Council (a subject that sometimes splashes on the treatment of judicial money), to the discussions on a possible intermediate court and the extraordinary recourse, and also on the reforms at the door in general. But that will depend a lot on the tone of the dialogue offered by the opening of the channels. Another issue you have in mind is to make a statement regarding the situation of judges at retirement age, including one of the members of the Court, Elena Highton from Nolasco, convened by ANSES.

The Court, as we have seen in recent times, has taken decisions to always position itself above all political decisions, a common mechanism. But in some cases it has impacted on crucial issues: like a conviction Miracle Room and the confirmation of the conviction to Beloved Boudou without giving reasons, and indications to the government of Formosa for pandemic measures denounced by human rights organizations. Last week he spoke in favor of CFK in the case against Google, we will have to see if a gesture is read from there. It is not easy to build a dialogue that awaits Soria, with a political profile that the Ministry of Justice did not have until now.

Gender perspective

Although he has not yet taken office, last week Soria began to analyze the organization chart of the Ministry of Justice. In addition to that, he will take over part of the team that the former minister (now Buenos Aires) Julio Alak had, and which will remain number two. Juan Martin Mena, will give relevance to certain areas so that they have an active role. One is the kind, among others to provide training with Micaela Law in all courts. His idea is that in a situation like the complaint against the chambermaid of cassation Juan Gemigani – who wrote a macho message to a WhatsApp group in the House on the occasion of Women’s Day – the ministry has an active role. Its intention is to ensure that the President decides that the fight against violence against women becomes a state policy in which the judiciary has a central role, as we have seen in the face of the femicide of Ursula Bahillo, who revealed the lack of coordination, the lack of measures to deal with the risk to the life of the woman who had already reported her abuser and the lack of implementation of methods of monitoring reported abusers and respect for the perimeter.

There is every indication that the ministry in general will raise the profile and set goals. He will also seek a new form of relationship with the courts, as the threat of a new offensive looms through court cases, as seen with the endorsement of the figure of the repentant, the conviction of Lázaro Báez, which points to CFK and the carrying out of absurd doorstep trials, such as the future dollar and the memorandum with Iran.