In a session that was less tense than expected in the previous one and surprised at the last minute, The Senate rejected the clean file law tonight: the initiative obtained 36 votes and did not reach the absolute majority (37). The thing is, To the anticipated rejection of Kirchnerism, the renovating missionaries – not Massists – Carlos Arce and Sonia Rojas Decut joined.
The Norma involved the modification of eligibility rules for candidates for public office and blocked those who have a confirmed condemnation in the second instance related to crimes against public administration, as in the case of Cristina Kirchnerwho in this way continues with the possibility of a national nomination, unless deciding to present himself as a provincial candidate at the Buenos Aires compulsa.
The law encompassed the “fraud crimes to the detriment of the public administration contemplated in article 174, subsection 5 of the Criminal Code.” Also, to the “crimes provided for in the vi-police chapters and influence peddling, VII-Malversation of public flows, VII-negotiation incompatible with the exercise of public functions, IX-illegal Exactions, IX Bis-Illlicit Enrique of officials and employees, and XII-employment, all of them contemplated in the title XI-Delites against the public administration, of the public administration.
Besides, They were included in the frustrated mechanism “all other crime against the administration that entails that is arranged in accordance with the provisions of article 36 of the Constitution”.
This point was one of those criticized in the previous one and even in the enclosure, in terms of the lack of crimes that such a rule would have to incorporate. After a start of debate with little flight, with the interventions in favor of the dissident Peronist Alejandra Vigo -Imbro informant as the head of the Constitutional Affairs Commission; and against the Christian Silvia Sapag -Morely occupied in criticizing the judiciary-, the radical Mariana Juri The Tierra Theme lowered.
For example, Mendoza said: “We have failed as a society for this law to be necessary. Who could think of being a candidate for someone convicted? And, worse, that a group proposes them for their lists. How strange that a society needs to tell politicians to exclude ourselves from an electoral process when we have been convicted. ”
On the side of Juri was his buyer and former governor Rodolfo Suarezwho promoted a clean card rule in Mendoza “much more strict, with computer crimes, human trafficking, violence against women, prostitution and crimes to humanity.” That is why The legislator claimed, after the session that was developed, to advance with projects already presented in that sense, since the law in question, although it is partial, is a great advance and based on agents that have been achieved “.
The criticisms of the opposition Sapag -Aratified as vice president of the upper house- for the alleged “proscription” of Cristina Kirchner They were deactivated by Mónica Silva (Together we are Río Negro). “This law does not prohibit ideological and political issues, but legal and objective, such as serious malicious crimes against the state, with a double instance confirmed sentence. The principle of the double in accordance is being respected, as recognized by the Supreme Court and the jurisprudence of the Inter -American Court of Human Rights, ”he said.
The accompaniment of the libertarian government was reflected shortly after by the San Juan Bruno Olivera Lucerowho said that the project “is necessary for the health of democracy.” And he added that he “collided with the obstacles of politics and maneuvers to try to stop it”, and that “What should have been a simple rule, was a uphill struggle”.
On the other hand, and to lower the price to the painful bid, the Casa Rosada and the macrism Guadalupe Tagliaferri sentenced: “This is not from a deputy, a deputy, senator or senator. It is not of any government, but a claim that civil society has made, which has rode and that has waited patiently”.
“It does not give the same to be corrupt as it is not. It does not give the same to scam the hope of citizens than not to do it. It does not give the same as laws for some and laws for others, and politics must set the example,” said Tagliaferri, and added that “politics will account for an ethical limit that citizens are claiming us, which is what represents a clean file.”
From everyone’s front, the Peronist Florencia López (La Rioja) He denied the second instance raised by the brand new regulations. In that sense, he defended the possibility of exhausting the entire judicial journey -that is, until the Supreme Court decides -, by emphasizing that “Article 33 of the Political Parties Law establishes that those who are convicted cannot be candidates”.
López also launched: “This justice has its inclined balance and is a pirate justice. Instead of having a band in the eyes, it has the patch in one to pursue, condemn and proscribe not a woman -in clear reference to Cristina Kirchner-, but to the justicialist national movement. ”E He hinted that all this represents “the strawberry of dessert” of the so -called “Lawfare”.
One of the anticipated votes in favor – despite the fact that they always play the boundary with that – was that of the Santa Cruceño Silvestre José María Carambiawho stressed: “If we want to discuss how we help there is less corruption, it is not only clean file, but to increase penalties. Today, almost all corruption crimes are released”.
“It is crazy that there are jets and corrupt candidates,” said Carambia, who also warned that “justice takes 10 to 12, 13, 14 and up to 15 years to have a double conforming.” And he concluded: “If we ask for a history for a laburo, it is crazy not to ask for requirements to be a candidate”.
“It is not the ideal tool to achieve the objectives described. If this project achieves all that, it is more or less a miracle. It is seen that this mystical wave allows us to solve all the problems with a clean file, ”warned the head of Federal Conviction -which is part of the interblock of the Front of All -,, Fernando Salino (San Luis). “They ask me for employment, solve salaries, that is asking me for people around me,” he added.
The dissident Peronist Juan Carlos Romerofrom the United Provinces, he suggested “respecting the right of citizens to request”, in the midst of a discussion “which took eight years.” It went further the head of the PRO, Alfredo de Ángeli: “We have to go thoroughly with this, unfortunately. Society requested this law and we fell short”.
“There are 10 provinces and several other countries that apply it. They did not do it against a person and it is not a custom suit, as it is meant here”, Said the head of the UCR, Eduardo Vischi (Corrientes), which stressed that the centenary party “has projects presented since 2006 ″ related to this matter.
“They think one thing, they say another here and then vote something else,” said the Christian Juliana Di Tullio (Front of all-Buenos Aires), who took advantage of the use of the word to question the dissident Peronist Vigo. “It hurts that the informant member has been a companion to whom I have respect. Today is a respect that is quite a sense in my esteem”He conjectured.
In the face of an eventual future, the Buenos Aires sent a love to the ruling and the dialogue opposition that accompanied the law: “I also believe it is a historic day. Those who some power of the State outline to Peronism, believe me that it is a historical day and will remember each and of each of those and those who proscribe to Peronism. In this case, to the head of Peronism, who was twice elected president and a vice president, and is the main opponent of the government of –Javier– mercy”.
More curious was the intervention of the head of the Front of All, the experienced José Mayans. “Do you think people believe corruption ends with this?“, Consulted the Formoseño, almost to the point of confirming the idea of a not less part of society about irregularities everywhere in recent years and that they are still in force despite the fact that, post 2001, most governments were Kirchnerists.” Without justice there is no democracy, “he judged.
From La Libertad, the president of the bench, Ezequiel Achauche (Jujuy), he advocated: “It is a reinforcement to the principle of suitability in article 16 of the Constitution. A corrupt has no suitability for a public office. It is very sad that we have to be reinforcing the Constitution to be able to have suitable and ideal people within public positions. ”
“We do not want the fueros to be used to hide corruption, theft and something that has been outraging the Argentines for a long time. The Argentine is tired of making a big effort and becoming money for politicians’ pockets”, Closed Arouche, what He described as “outrageous” to have “to listen to Kirchnerism talk about robbery”.
During the last extraordinary sessions, in deputies the so -called “Petri clause” was eliminated -in reference to the text that produced, among others, the Minister of Defense, Luis Petri-, hence Article one will hold the validity of the clean file in “those cases in which the conviction is confirmed by a judicial body of higher instance, until its eventual revocation or compliance with the corresponding penalty, and as long as the confirmation of the conviction is produced prior to the term established in article 25 of the National Electoral Code”. That is, to the preparation of the standards until 180 days before the general election, which occurred at the end of last month.
On the other hand, “if the confirmation of the sentence in higher instance was produced after that period, the prohibition will have an effect from the end of the electoral process.” Meanwhile, “the illegibility will govern from the date of the sentence, except for the provisions of the previous paragraph, until its eventual revocation or until the corresponding penalty.”
In article 2, subsection A was changed in the lower house for the following: “The National Electoral Chamber will carry a public record of clean file where the sentences issued in the terms of article 1, their eventual revocations and the identifying data of the persons achieved by said sentences will be recorded.”
Together with elective positions, those involved in the law Nor could they designate as “Chief of Cabinet of Ministers, Ministers, Secretaries, Undersecretaries, authorities of decentralized entities and organizations and Social Security institutions”as well as collegiate bodies, diplomatic personnel, or representatives in companies with state participation of any kind. With what happened tonight, everything returned to zero point.
