From the judiciary to true justice | Mempo …



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It is notorious that media attacks and bad moods are proverbial in Argentine politics, especially when the government is desperate for what seems to be its end and its own mistakes accelerate its downfall. Then, check that the popular peaceful resistance, unemployment and hunger they generated will carry them.

In this context, yesterday, dozens of trolls, detractors and journalists receiving a government salary, and even Minister Germán Garavano misinterpreted the ideas expressed in Gustavo Sylvestre's program at C5N on the evening of World Workers Day, in the judicial system. Argentina and the need for urgent and radical changes.

The ideas expressed in this program constituted the representative synthesis of the second point of the Argentine Manifesto's ideology, which has for years proposed "an absolute judicial reform, tending to replace the corrupt and incorrigible judicial power in force with a system of justice. transparent and agile Service of the Nation ".

This distorted power – I have supported and nurtured thousands of AM members across the country – is anachronistic, deeply unfair and today, from elsewhere, and for this very reason, undemocratic. Because it responds to the conceptions of the 18th and 19th centuries, when the liberalism that embodied the progressive ideas of the time established – and did well – that the balance of power was a necessary and powerful constitutional guarantee. Thus, the Constitution of 1853 established the system of three powers – executive, legislative and judicial – which still governs and according to which the latter (the judiciary) should be a counterweight and a guarantor of institutional harmony.

But it turns out that 166 years have pbaded and, especially since the democratic upturn, especially of menemism, that the judiciary has betrayed itself as a society and that the entire population has become (with very few exceptions and very honorably) a slow, inefficient, expensive, patriarchal, fearful, racist, clbady and arbitrary system. It's unfair where you look.

And who, from the menemista "miracle court" in the 90s, but especially in recent years, has become a political apparatus that not only does not balance the other powers, but that submits them and scares them, by the way to be the main political power of this republic.

That is why, in the ideology of the MA, we have argued for years that "the immediate republican urgency is that the current judicial power of the nation be declared in committee by the democratic state, with a legal interval of six to eighteen months during which New Judiciary throughout the country and in all jurisdictions, through background competitions and oppositions before ad-hoc integrated juries of respected personalities and jurists of the whole world. "

At the same time, he takes advantage of the jury trial system and declares that "the new Supreme Court of Justice will be reorganized and will include at least nine members elected by popular vote and holding office for up to ten years. will be taxable without privileges and will pay taxes as a citizen as a whole. "And it is specified that for this proposal" the declaration in committee that we postulate makes specific reference to the senior civil service, in particular to judges and prosecutors ( neither to middle managers nor to employees) ".

And as for "the organization, the control and effectiveness of the new judicial system will be overseen by the new Supreme Court, and the National Congress will support and control (…) exceptional laws and measures to overcome urgency during this period and let a new administration of justice on the right track The total reorganization of the judicial system and the judicial career must finally be approved by national referendum, previous popular popular and pedagogical popular campaign ".

And as a precautionary measure, at the end, it is postulated: "The declaration of the current judicial power in committee, in whole or in part, will be absolutely void if the current government tries it by way of decrees of necessity and decree. emergency."

It is a fact, for those who travel the national territory, that the debate in good faith around these ideas is already under way, because it is indeed a proposal to break an immoral system, already unbearable for citizens . And that it is already untenable that it is up to a magistracy to save very few exceptions (which this government is now seeking to submit to complete judicial discipline).

What we propose is our own idea and does not always represent a candidacy or a Kirchnerism. But we have trouble making it one of the main problems – perhaps the main one – of the democratic debate between all the forces fighting to win, united in the October national elections. And be on the path of the new national constitution that we are promoting.

Apparently, and in line with the cries generated, we are not on the wrong path.

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