The mayor of Florencio Sánchez, convicted of the so-called Operation Corruptio, filed an action of unconstitutionality against article 18 of Law 19,272 of decentralization that allows the board to accuse mayors and councilors before the Senate. If the Supreme Court agreed with him, the political trial would fall because it is based on that law that they will submit him to that process.
The appeal filed on Friday before the Court by the lawyer Federico Alvarez Petraglia, does not imply that the political trial that the Senate will initiate should be suspended, however Sánchez’s defender requested as a precautionary measure that the Court suspend the effects of the law, which would imply paralyzing the political trial.
Álvarez Petraglia included a consultation with the specialist Diego Galante, author of the book Constitutional Political Prosecution. This Monday the lawyer will present Sánchez’s defense before the Senate.
In the action of unconstitutionality, the lawyer argued that the Constitution does not contemplate the members of the local governments in the impeachment process, so “the law is prevented from doing so.”
“The dismissal or dismissal of mayors or councilors is not in accordance with the current constitutional principles and norms that regulate impeachment (articles 93 and 296)” for which he considers it unconstitutional, he added.
“Although we recognize the need to have a regulatory framework that allows attacking and resolving extraordinary situations that require the dismissal or dismissal of these municipal rulers, the legal solution by “referral” to the impeachment process does not meet the standards of legality, typicity, guarantees of due process and human rights contained in our Constitution“explained the expert.
Galante explained in his report, made at the request of the defense, that “only” the Supreme Court of Justice is the one who can “promote, process and eventually sentence under a political trial” for this specific case.
“During the entire process of the unconstitutionality process before the Supreme Court of Justice, it would be prudent and legitimate to suspend any political trial that has been initiated,” concluded Galante.