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Prof. Dr. Eugenio Jiménez, a former university professor of commercial law and civil law, is the lawyer – not a magistrate – who has achieved better results in the race for the new Supreme Court of Justice. In this interview, the lawyer said to dream of a court of respectable people who would make credibility lost to the Judiciary. Admit that the state of corruption of our justice is calamitous.
– What merits did he get into the review of the Judicial Council?
-I am a professor of commercial law and civil law at the Autonomous University. I have books on commercial law and civil procedure law. I became a dean. I teach at the judicial school, also in higher schools. What gives me more pride in teaching, is that I have given lectures and conferences at the headquarters of Toledo and the University of Cuenca Castilla la Mancha (Spain) where I specialized
– How to describe the situation of the judiciary?
– A state of calamitous corruption has been reached. This recent case of payments (bribes) on the Plaza de la Justicia, in quotation marks, is a portrait of this situation. At the present time, another case has arisen in the criminal court, where the president of the Association of Judicial Actuaries is involved. I think that paints the whole picture. We can not remain insensitive to so much corruption. I offer my competition to help clean the institution. I do not owe favors to anyone and I have never been involved in any of these unworthy acts.
– Are lawyers – the "corridors", as they are called, "working on you?
– Lawyers in general are affected by the situation, but citizens are the most affected. There is an absolute divorce between citizens and the judiciary. Imagine that we evoked the "social pact" of (Juan Jacobo) Rousseau ("freedom and equality of men under a state established by means of a social contract" of 1762). We give up the force to defend their interests and leave the decision to an impartial third party. In this case, justice (just) is utopian in Paraguay. Trust in the judiciary has been lost. Thank God, there are still some magistrates who have managed to escape this general context of corruption but these are absolutely exceptional cases.
– But you trust the contest. It seems contradictory if the situation is pathetic.
Yes. What is happening is that they are compartments that, even though they may be related, are truly independent. I see that the contest is managed accordingly. When I first appeared, in the first publication it turned out that I was missing more than 100 points. I made the request and they recognized me. That's why I'm qualified – in terms of scores – as being the best placed among the lawyers who practice the profession. At least I think it's a demonstration that there was no malice but that the error was corrected.
– Do you agree with the complete change of the Court?
-The Judiciary needs a profound transformation It must begin at the Court for truly transcendental decisions. Therefore, there is no choice but to change the tables of the Court. In these days, we are living a historic moment, because it is possible that several changes occur at the same time. Two positions are vacant today and in a few months another contest will be called (the third) because the retirement of Sindulfo Blanco will take place after reaching the age of 75 years. At the beginning of next year, the post that Mr Torres Kirmser will leave will be vacant. Therefore, it is the precise moment to change the face of the Supreme Court of Justice.
-Il impunity is over, the legal guarantee does not exist …
-They are different but very related questions. Impunity believes that they can commit their crimes without paying their fault, without consequences. What is it? in legal uncertainty. And what is needed to raise the standard of living of the population? It takes a dynamic economy. It involves investments. But who will invest if the entrepreneur does not have security when he invests his capital? The problem of the Judiciary is not ethereal. He feels every day. More and more we rub shoulders with the very poor …
– What makes you think when you talk about secretly negotiating the political distribution of charges?
– I find that regrettable and serious. If there is something bad and that is what produced the breakup is the cuoteo system. I demand politicians that they give up their cyclical interests in favor of the general interest of the country.
-This is how the Judicial Power of Democracy was born, with the cuoteo …
-C is true. The cuoteo is born as a pact. This court was formed without a career magistrate. All were lawyers who came from professional practice. Without a doubt, it was the best supreme court of justice in democracy. It was integrated by Jerónimo Irala Burgos, Elixeno Ayala, Dr. Frutos Vaesken, Dr. (Óscar) Paciello and others whose honesty and solvency were out of the question …
– They were respected people …
– Today, however, respect has been completely lost. He reaches the height that his failures are not met. We are on the brink of barbarism, justice of our own hand …
– The Court is accused of being submissive. This is why the Senate rejects the decision declaring active senators to Nicanor and Cartes …
-The truth is that in the dilemma is obliged to make an interpretation. The Constitution says that the only one who has the power to interpret the Constitution is the Court.
– But if you no longer believe in the scruples of this Court, what remains of Article 138 (the rebellion against the constituted power)?
– We are facing a dead end. The problems will continue to the extent that these issues in which democracy is compromised and democratic principles in general do not have a clear and unmistakable disposition.
– It is necessary to shake the system as they are doing in Peru right now for the corruption scandal in your judiciary?
– Why not? People here are more concerned with the legislative and executive power and forget about the judiciary. The serious problem of this country is in the judiciary. That is why I discuss and demand that the members of the Justice Council reflect on the relevance but also the trajectory of the candidates of this contest to ensure the transformation that we need.
-The real thing, the inevitable is the cuoteo, the division between factions …
– If there is something I do not want to lose, it's l & # 39; hope. Otherwise I will not be competing. The new President of the Council said that he would do everything in his power to overcome the problem of political cover-up. It's a big step.
– What do you say about the privileges that the Court itself has recognized?
– I do not intend to benefit from it and I will waive privileges that may be considered abusive and that complicate the credibility of the Court. The salary is enough to cover the medical insurance.
– What is your plan if you choose it?
-An audit showed that the most morose institution is the court. One of the steps I would take immediately would be to overcome this delay and activate a link on the site so that the date of entry and exit of the files is recorded. This will show where the source of delinquency is. Another measure that would be to control the standard of living of judges and, in this sense, to allow a page where our affidavit of property and income is published, with periodic updates. Lack of training of public servants hinders the progress of processes. It is also a cause of delinquency. If I were a member of the court, I would encourage closer contact with the legal profession. They are echoing justice issues.
– What do you think of this relentless resistance of the Comptroller of the Republic so that the declaration of the property of the civil servants be made public?
-The controller has no justification. This effort will not last long. I hope that citizenship will also have an active and decisive participation in this area, just as we see what is happening in Peru where, through public demonstrations, pressure is strongly encouraged for transparency. The general context of corruption in Paraguay goes beyond the judiciary. It goes much further. This is general of the officials. Overcoming this situation will take a whole process.
– Do we have to change judges?
-Not by chance. Unfortunately, those who honor the function are less and less. Recover credibility must be north. It is an ambitious but possible goal.
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