Cristina Kirchnerthe former president and former vice president, has initiated a legal counterattack to recover the collection of her two honorary pensions, which add up to a total of 35 million pesos. This action occurs after the National Social Security Administration (ANSeS) decided to suspend these benefits following the confirmation of its conviction for corruption in the Roads case.
The lawyer of Cristina KirchnerFacundo Fernández Pastor, presented an administrative appeal before the ANSeS, describing the removal of pensions as a “material error” and arguing that the resolution violates rights and guarantees enshrined in the laws, the National Constitution and the doctrine established by the Supreme Court of Justice of the Nation.
According to Fernández Pastor, the decision to withdraw the pensions is an act of persecution for the purposes of revenge, harassment and partisanship. The pensions in question are the lifetime monthly allowances that Cristina Kirchner receives for having been president of the Nation and for being the widow of former president Néstor Kirchner.
These pensions are protected by Law 24,018, sanctioned during the first presidency of Carlos Menem, which establishes that former presidents and former vice presidents of the Nation receive a contributory allocation as compensation for honor, merit and good performance in office. .
The controversy began when the Federal Court of Criminal Cassation confirmed Cristina Kirchner’s sentence to six years in prison for fraudulent administration to the detriment of public administration in the Roads case.
One day after this confirmation, ANSeS announced the suspension of pensions, arguing that the conditions to receive these benefits had been contradicted by the conviction. In his administrative appeal, Fernández Pastor requested the revocation of the ANSeS resolution and the restitution of the assets corresponding to the retained lifetime monthly allocations, along with the accumulated interest.
Arguments
The lawyer argued that the government lacks the power to eliminate these benefits, since it considers that their payment is a “material res judicata”, that is, it can no longer be revoked, modified or replaced.
The defense of Cristina Kirchner He also stated that the ANSeS decision was arbitrary, since the former president was not given the opportunity to defend her position. In his opinion, the government of Javier Milei looked for devices to carry out a decision that had already been made beforehand, revoking the rights of Cristina Kirchner without complying with the legal requirements to allow the defense of the administrator.
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