/cloudfront-us-east-1.images.arcpublishing.com/infobae/3YEQFRTGBVHZBHSZPKMETS73VU.jpg "The Government wants to remove from Santa Fe the legal case for the intervention of Vicentin")
The government of Alberto Fernández warned in Buenos Aires courts that the ruling of the Reconquista judge Fabián Lorenzini about him Vicentin case It was a “arbitrary sentence”, Which violated the precautionary measures law and affected the division of powers. So in a presentation that he agreed to Infobae, the Executive demanded that the cause leave the orbit of Santa Fe and that the alleged unconstitutionality of the intervention decree be defined by justice in the federal contentious of Buenos Aires.
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The lawsuit was filed last Wednesday. The subject is already under study by the judge Maria Alejandra Biotti, who turned the case over to the prosecutor Fabián Canda so you can give your opinion on the authorization of the fair and the request made.
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The controversy revolves around the resolution that the judge of Reconquista issued on June 19, Fabián Lorenzini, in charge of the preventive competition of the company, when he stopped the intervention of the cereal company, he replaced the owners of the cereal company at the head of the administration and turned the controller appointed by the Executive into a seer. The owners of Vicentin claimed the unconstitutionality of the DNU, something that the judge did not refuse to analyze when declaring himself incompetent.
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“If the magistrate of the contest declared himself incompetent to understand in the unconstitutionality claim, it goes without saying that he is also incompetent to attend the precautionary request. Likewise, what is inconsistent, contradictory and arbitrary in its decision-making also lies in the fact that, even though the contested act declared itself incompetent to treat it as unconstitutional, the truth is that it did so by hastily and unfoundedly depriving DNU No. 522/20 – a norm, it is reiterated, of legal rank – without giving rise to the bilateralization and defense of the National State ”, stated the presentation by the Ministry of Productive Development, in charge of Matías Kulfas.
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In writing, the Executive specifically demanded that, prior authorization of the fair, an “inhibitory” be issued so that the Santa Fe court stops intervening. It also sets the defendants of Vicentin as defendants. “The most serious thing is that the intervening magistrate ignored that the DNU, as such, is law in a material sense and enjoys a presumption of constitutionality,” it was warned.
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“It is clear that it corresponds to understand the Federal Justice, since this proceeds in cases in which the National State or a national entity are parties, as a derivation of the federal form adopted by the National Constitution,” it was maintained, remarking that, otherwise, “the guarantee of the natural judge” is being violated.
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When arguing that request, the Government stated that, among several points, Judge Lorenzini was “incompetent” and that he issued an arbitrary sentence that did not respect the law on precautionary measures. It is worth remembering: this law was promoted in 2013 at the request of former President Cristina Kirchner and the project to democratize justice, in the midst of the debate over the Media law.
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Lorenzini’s ruling “completely dispensed” with the Precautionary Measures law and became “a typical case of arbitrary sentence,” said the brief to which he agreed. Infobae. “LOr that it is even more striking and that gives more reason to the position of the National State when making this proposal of inhibition is the fact that the same bankruptcy judge declared himself incompetent, they pointed out. However, “in an unexpected and even arbitrary turn, it redirects the claim of the interested parties, forcing a doubling of the petition, arguing that it would not be exactly a precautionary measure, but a genuine demand for unconstitutionality, to finally grant it a ‘self-satisfying measure'” .
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But they were not the only grounds raised by the Executive to demand the dismissal of the Santa Fe case. “There is no reason for the judge to stop applying a norm dictated by the National Executive Power. As if this were not enough, in an abusive exercise of his power, he modified the object and scope of DNU 522/2020, replacing in the exercise of his powers the President of the Nation, ”affirmed the document signed by the lawyer Ignacio Rodríguez Jalón. as agent of the Productive Development portfolio.
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With the ruling of the Reconquista judge, it was added, “the effects of the DNU have been illegitimately suspended, which evidences a clear interference in the proper and exclusive powers of the National Executive Power and -as for its original comptroller-of the National Legislative Power , which is the body that by constitutional mandate must issue about the validity or invalidity of the DNU “. Thus, the Executive said, a “clear transgression was incurred at the beginning of the Division of Powers, since a provincial magistrate has illegitimately curtailed the sphere of powers proper to two of the Powers of the Federal Government (the Executive and Legislative bodies); and it has even invaded the sphere of jurisdiction of the Federal Justice ”.
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The national administration justified again, but this time before the courts, the issuance of the decree that was questioned. It was insisted that it was sought “to ensure the continuity of the company’s activities” that “at the time of the default, it was one of the main agro-industrial companies in the country and the most important of national capital.” “2,195 jobs in the oil industry are at risk, plus more than 1,000 jobs in the cotton company, 376 in the wine industry of the investment group, and 2,057 in the refrigeration plant.” There was a review of the complex financial panorama of the company, the project that “the National Executive Power is studying” to send Congress the expropriation law and the criminal case that is being heard in Comodoro Py for the loans it received from Banco Nación during Macri’s management
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Precisely there, the prosecutor Gerardo Pollicita – who has been delegated the investigation by decision of the judge Julián Ercolini- advances in the investigation into the route of the money that Vicentín handled. The investigating cause why the cereal company, a contributor to the Together for Change campaign, accumulated a debt of plus of $ 18 billion contrary to current regulations and while other firms linked to the same business group accumulated assets abroad. The Financial Information Unit (FIU) appeared to be a plaintiff and accused the former president Mauricio Macri, to former holders of the Central Bank and Nation Guido Sandleris and Javier González Fraga and managers of Vicentin of committing various crimes: fraud against the state, money laundering and capital flight.
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