The crowds that in recent weeks came snuffling in different cities of the country lit the first yellow light in the flexible federal courts of Buenos Aires. On the march to the Obelisk, ten days ago, television clearly caught the cries of "justice! Justice!" and "to go prey", which came from the public. The light turned orange. But Mauricio's impetuous comeback in Sunday's election turned the board red, and broke the GPS of some magistrates: it will no longer be so easy for them to freeze the files for corruption K.
It was said in these pages from the moment of the appointment of Alberto Fernández as presidential candidate for his boss Cristina Kirchner, unexpected kingmaker of his old friend and not so old enemy: the test of love for the now elected president was the promise to use its influence in the courts to deactivate the judicial front of the Buenos Aires senator.
Fernandez moved from the first minute: he disseminated the black list of judges who "must give explanations for the barrabasadas they signed", and rehearsed an improbable parable according to which the cases against Cristina – for which he already adds ten prosecutions and five requests for pretrial detention that is not executed only for their parliamentary privileges – they really have no livelihood. "I trust that he will prove his innocence in all causes and it seems to me that he has been involved, with much effort, with legal constructions that are difficult to sustain," he said.
There is no evidence – also denied – that his hand has been behind the maneuver with which the Supreme Court of Justice dissipated much of its prestige, asking for the original case file for the alleged routing of the public road work in Santa Cruz towards the signatures of Lázaro Báez only seven days before the date set for the start of the oral trial: the scandal was so great that the play could not avoid the image of the former president on the bench of the accused, on May 21, although that was the intention.
The tsunami of votes obtained in the PAS by the Front of All brought down masks and swept a few scruples: in a few weeks, eight K detainees with pretrial detention regained their freedom under such weak arguments as those that in some cases had been used to arrest them , other ongoing processes suspended hearings – such as the aforementioned public works for Báez – and those that do not yet have a date for their start remain in a limbo from which nobody knows the way out.
It is true, there were also other measures, such as the essential confirmation by the Federal Chamber of the validity and importance of the testimonies of the 31 repentant in the case of the notebooks of the coimas. A white fly in the night.
Politicians and journalists of all the media began to speak of a complacent justice, and to predict the brake – or until the turn – of several files for various nullities, new and "surprising" evidence, or against regrets.
But then the "yes, you can" tour began, that no one outside the government took it very seriously until the size of the crowd silenced the laughter. The key act was that of Tucumán, on October 7.
Of course, none of these marches improved the life of an unemployed or served to tame inflation or the dollar, but put in the streets of several large cities a middle class for which Change was the vehicle or the guarantee of the fight for transparency and against corruption: a much more urgent and non-negotiable agenda than the opposition and the pollsters believed. Also the judges. Again, we talk about the subjectivity of a social strip, debatable like any other.
Even when the final adjustments in the numbers are missing, the scrutiny will reflect that awakening, which angered many Peronists and baffled a few judges: nobody can doubt that Mauricio Macri's voter endorses his performance in managing the economy. Is there room to stop or reverse the course of some causes of corruption?
The first answer: according to the content of the hottest records, it is almost impossible. But justice often uses another very useful tool: the calendar. Seasoned by expertise, test measures and annulments that in turn are appealed to infinity, very serious cases can be warmed until they become extinct in the oblivion of the prescription.
A recent example? The illegal smuggling of weapons to Croatia and Ecuador, for which in 2013 former President Carlos Menem had been sentenced to seven and a half years in prison, ended in an acquittal by order of the Chamber of Cassation, which last year considered that He had exceeded the "reasonable time" to judge him. The prosecutor before that court, Raúl Pleé, appealed to the Court. The events had occurred in 1995. Room II of the same Cassation, which had ratified another conviction to Menem for the payment of bonuses with SIDE funds – four and a half years in prison – opened one last door for the former president to arrive to the highest court. Meanwhile, nothing has happened here.
Cristina Kirchner will try to look in that mirror: in her time, the causes against Menem caused two scandals, which time waned until abandonment.
But at the time you have to help him. To attempt a truce for the former president, there would have already been some calls and meetings, including between the operator – and possible Alberto Fernández official – Juan Manuel Olmos and one of the most listened macrismo men in court.
Meanwhile, the pot continues to gather pressure. This Tuesday, constitutionalist lawyer Eduardo Barcesat revealed the plan of some Kirchnerist groups to lend a hand to the "political prisoners." "A measure, which is manual, that is that all defense lawyers interpose the issue of nullity of formal and irritating thing and I would add fraud. But those have their times," he lamented. "The other thing that we have proposed with a little more institutional audacity is that there be a declaration from both houses of the National Congress, addressing the Supreme Court of Justice to instruct the judges to have a legality control of the causes, "Barcesat said.
On the other side of the crack, new street marches are already planned "for justice" and in support of the outgoing president. It will be difficult for the judges to leave everyone happy.