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In the video, Jorge Bergoglio expresses his "concern" about "a new form of exogenous intervention" that occurs "through legal procedures and judicial typifications". For the pope, "the law, in addition to endangering the democracy of the countries, is generally used to undermine the emerging political processes". Bergoglio called for "detecting and neutralizing this type of practice" in order to "guarantee the institutional quality of the states". In addition, he defined this practice as "irregular judicial activity badociated with parallel multimedia activities".
The former president added in another tweet the papal document on the judiciary. The tweets took place almost at the same time as Judge Claudio Boandio dictated a new lawsuit and was dismissed in a case involving CFK Gianfranco Macri, brother of current president Mauricio Macri. The delegation that went to the Vatican was integrated, inter alia, by the former Supreme Court judge, Eugenio Zaffaroni, and the judge from Buenos Aires, Roberto Gallardo.
Full text of Francisco's intervention
Ladies and gentlemen, this is a reason for joy and also for I hope to find you in this summit where you have given an appointment that is not limited to you, but evokes the work done jointly with lawyers, advisers, prosecutors, lawyers, officials, and evokes also your people with desire and research. sincere to ensure that justice, and in particular social justice, can reach everyone. Your mission, noble and heavy, demands to devote itself to the service of justice and the common good with the constant call to the rights of the people, and especially the most vulnerable, to be respected and guaranteed. In this way, you are helping States not to give up their primary and fundamental function: to take charge of the common good of their people. "Experience shows that," says Jean XXIII, "when the public authorities do not take the measures that are imposed in the economic, political or cultural fields, more inequalities in the sectors are generated among citizens, especially in our time. more extensive, involving rights and duties of the human person lack any practical effectiveness "(Letter enc. Pacem in terris, 63).
I welcome this initiative, as well as the one that took place last year in Buenos Aires, where more than 300 magistrates and judges examined social rights in the light of Evangelii gaudium, Laudato if & # 39; and the speech to popular movements in Santa Cruz de la Sierra. From there came an interesting set of vectors for the development of the mission. This reminds us of the importance and, why not, the need to come together to face the underlying problems of your societies and, as we know, can not be solved simply by isolated actions or voluntary acts of a person or country, he calls for the creation of a new atmosphere; that is, a culture marked by shared and courageous leaders who know how to involve other people and groups until they materialize in important historical events (see Exhort. Evangelii gaudium, 223) capable of opening paths for present and future generations, by sowing conditions to overcome the dynamics of exclusion and segregation so that inequalities do not have the last word (see Letter enc. Laudato if & # 39; 53.164). Our people call for such initiatives that allow any pbadive attitude or viewer to be left as if present and future history were to be determined and told by others.
We must live through a historic phase of change where the souls of our peoples are at stake. A period of crisis – crisis: Chinese character, risks, dangers and opportunities; it is ambivalent, very wise, this period of crisis in which a paradox is found: on the one hand, a phenomenal normative development, on the other hand, a degradation of the effective enjoyment of the rights consecrated in the world. It's like the beginning of nominalisms, they always start like that. Moreover, each time and more frequently, companies adopt anomic forms of fact, particularly with regard to laws governing social rights, and do so with different arguments. This anomie is based, for example, on budget deficiencies, the impossibility of generalizing the benefits or their programmatic rather than operational nature. I am concerned that voices are coming, especially from "doctrinaires" who are trying to "explain" that social rights are already "old", outdated and have nothing to contribute to our societies. They thus confirm the economic and social policies that lead our peoples to accept and justify inequality and indignity. The injustice and the lack of concrete and concrete opportunities behind so many badyzes that can not put themselves on the feet of the other – and I say feet, not shoes, because in many cases, these people do not have not – is also a way to generate violence: silent, but violence finally. Excessive normativity, nominalism and independence, always leads to violence.
"Today we live in huge modern cities, proud and even vain. The cities – proud of their technological and digital revolution – offer countless pleasures and well-being to a happy minority … but the roof is denied to thousands of our neighbors and our brothers, even children, and they are elegantly called street situation. "It's funny as in the world of injustice, euphemisms abound" (World Meeting of Popular MovementsOctober 28, 2014). It seems that constitutional guarantees and ratified international treaties have, in practice, no universal value.
The naturalized social injustice – it's something natural – and therefore invisible, that we only remember or recognize when "some make noise in the streets" and are quickly labeled as dangerous or boring, ends up silencing a story of postponements and forgetting Let me say that this is one of the great obstacles that the social pact finds and weakens the democratic system. A politico-economic system, for its sound development, must guarantee that democracy is not only nominal, but that it can be concretized by concrete actions that guarantee the dignity of all its inhabitants in the logic of the common good, by calling for: solidarity and a preferential option for the poor (see Letter enc. Laudato if & # 39;, 158). This requires the efforts of the highest authorities, and certainly the judiciary, to narrow the gap between legal and practical recognition. There is no democracy with hunger, no development with poverty, no justice in inequality.
How many times the nominal equality of many of our statements and actions only conceals and replicates a real and underlying inequality and reveals that it is a possible fictitious order. The economy of newspapers, the adjective democracy, and concentrated multimedia generate a bubble that conditions all eyes and all options from sunrise to sunset.[1] Fictitious order that equals in its virtuality but, concretely, expands and increases the logic and the structures of exclusion-expulsion because it prevents a real contact and a commitment with the other. Prevent concrete, or take care of concrete.
All do not leave the same place when we think of the social order. This challenges us and forces us to think of new ways to ensure that equality before the law does not degenerate into a propensity for injustice. In a world of virtualities, changes and fragmentation –we are in the era of the virtual, Social rights can only be exhortations or symbolic calls, but they must be a beacon and a compbad for the road, because "the health of the institutions of a society has consequences for the environment and for the quality of human life "(Letter enc. Laudato if & # 39;, 142).
Clarity of diagnosis and decision-making capacity is required in the face of conflict. We are asked not to let ourselves be dominated by inertia or a sterile attitude, because those who look at it, deny it or cancel it and move forward as if nothing had happened, wash their hands so they can continue their life. Others enter the conflict so as to remain prisoners, lose horizons and project their own confusion and dissatisfaction into the institutions. The invitation is to face the conflict, to undergo it and to resolve it by transforming it into a link of a new process (see Exhort. Evangelii gaudium, 227).
Assuming the conflict, it is clear that our commitment is alongside our brothers to operationalize social rights with the commitment to seek to dismantle all the arguments that threaten their realization, and this through the application or creation of legislation capable of raising people in recognition of their dignity. Legal loopholes, both in terms of adequate legislation, accessibility and compliance, create vicious circles that deprive individuals and their families of the guarantees necessary for their development and well-being. These shortcomings are generators of corruption that primarily affect the poor and the environment.
We know that the law is not only law or norms, but also a praxis that configures the bonds, which in a way transforms them into "makers" of the law whenever they are confronted with people and reality. And this invites us to mobilize all the legal imaginary to rethink the institutions and to face the new social realities lived.[2] It is very important, in this sense, that the people who arrive your offices and work tables feel that you have already contacted them, that you have arrived first, that you know them and understand them in your particular situation, but that you recognize them above all in their citizenship and their potential to be agents of change and transformation. Never lose sight of the fact that popular sectors are not a problem in the first place but an active part of the face of our communities and our nations, they have the right to participate in research and the construction of inclusive solutions. "The political and institutional framework exists not only to avoid bad practices, but also to encourage better practices, to stimulate creativity in search of new ways, to facilitate personal and collective initiatives" (Letter enc. Laudato if & # 39;, 177).
It is important to encourage the legal operators, from the beginning of the professional training, to do it in real contact with the realities to which they will one day serve, by knowing them and by understanding the injustices for which they will one day have to act . It is also necessary to find all the means and mechanisms enabling young people from marginalized or marginalized situations to learn and play their proper role. Much has been said for them, we must also listen to them and give them the floor at these meetings. The memory comes to me leitmotiv implicit in all legal-social paternalism: everything for the people but nothing with the people. Such measures will enable us to establish a culture of encounter "because neither concepts nor ideas love each other […]. Surrender, true surrender, stems from the love of men and women, children and the elderly, peoples and communities … faces, faces and names that fill the heart "(II world meeting of the popular movements, Santa Cruz de la Sierra, July 9, 2015).
I take this opportunity to meet you and express my concern about a new form of exogenous intervention in the political scenarios of countries, through the undue use of legal procedures and typifications. The law, In addition to seriously endangering the democracy of countries, it is generally used to undermine emerging political processes and tend to the systematic violation of social rights. In order to guarantee the institutional quality of states, it is fundamental to detect and neutralize this type of practice resulting from irregular judicial activities combined with parallel multimedia operations. About this, I do not stop but the previous media judgment is known to all.
This reminds us that, in many cases, the defense or prioritization of social rights over other types of interests will lead you to: to face not only an unfair system, but also a powerful system of communicative power, which will frequently distort the scope of its decisions, will call into question its honesty, but also its probity, or even judge it. It is an asymmetrical and erosive battle in which to overcome the need to maintain not only strength, but also creativity and adequate elasticity. How often do the judges face in solitude the walls of defamation and reproach, if not slander! Certainly, it takes a great deal of strength to deal with it. "Blessed are they who are persecuted for having done righteousness, for the kingdom of heaven is theirs" (Mt. 5.10), said Jesus. In this sense, I am pleased that one of the objectives of this meeting is the creation of a permanent Pan-American Committee for Judges and Judges for Social Rights, whose objectives are to overcome loneliness in the judicial system, to provide mutual support and badistance to revitalize the exercise of its mission. True wisdom does not materialize with a mere accumulation of encyclopaedic data, which eventually saturates and darkens a kind of environmental pollution, but by the the reflection, the dialogue and the generous meeting between the people, this adult, a healthy confrontation which makes grow (see Enc. Laudato if & # 39; 47).
In 2015, he told members of popular movements: "You have a vital role, not only demanding and demanding, but fundamentally creative." You are social poets: creators of books, home builders, food producers, especially those who have moved away from the global market "(II world meeting of the popular movements, Santa Cruz de la Sierra, July 9, 2015). Dear judges, you have a vital role to play. let me tell you that you are also poets, are social poets when you are not afraid "to be protagonists of the transformation of the judicial system based on courage, justice and the primacy of the dignity of the human person "[3] on any other type of interest or justification. I would like to conclude by saying: "Happy are those who are hungry and thirsty for justice, happy those who work for peace" (Mt. 5.6.9). Thank you so much.
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[1] Roberto Andrés Gallardo, Social rights and Franciscan doctrine, 14.
[2] See Horacio Corti, Social rights and Franciscan doctrine106.
[3] Nicolás Vargas, Social rights and Franciscan doctrine230
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