2023-05-12 17:04:00
The decision of the Supreme Court of suspend las elections in Tucumán and San Juan through a precautionary measure just four days before the elections, it not only exacerbated the rift between the ruling party and the opposition. Also returned to debate the indefinite re-elections and the perpetuation in power of the provincial dynasties, a crossroads of themes riddled with contradictions that embarrass the institutionality of the country, but that are far from being the main concern of a punished society due to the economic crisis. Protagonists and interests behind the political-legal dispute.
Juan Manzur was governor of Tucuman during two periods (2015-2019 and 2019-2023), the last of them in its final stage, but crossed by the license that was taken when it was summoned in 2021 by the Casa Rosada to be chief of staff. Last February he decided to return to his province to work on the campaign and get fully involved in the momentum of the formula that, this time, had him as a candidate for lieutenant governor, seconding Osvaldo Jaldo.
In the absence of the precautionary measure of the Court that was known on Tuesday and partially accepted the challenge once morest him (the merits have not yet been resolved) and its declination announced this Thursday at night, He was going to reach, in 2027, 20 years in the political leadership of his province. In the list of governors, his name would appear three times if he had been elected, as happened with the questioned Joseph Alperovichwho was in charge of the provincial Executive between 2003 and 2015 and whom Manzur accompanied as lieutenant governor between 2007 and 2015.
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He wanted the same in San Juan Sergio Unac. This low-profile lawyer, but with influence within the scheme of Peronist governors wanted to be voted on Sunday to occupy his third term of management at the head of the provincial Executive. But the partial objection to his candidacy signed by Horacio Rosatti, Carlos Ronsenkrantz and Juan Carlos Maqueda for now it will not allow it.
As in Tucumán with Alperovich, Uñac wanted to do the same as Jose Luis Gioja, his predecessor who governed the province for three periods between 2003 and 2015 and whom he accompanied as vice in his last administration. If he is finally elected, the San Juan He will reach 16 uninterrupted years in governor and lieutenant governor positions.
The Court and the “fiefs”
For both Uñac and Manzur, the provincial Constitutions allow them to run once more. For the Court, despite the fact that it has not yet ruled on that fund, in principle not because that would affect the republican principle of the country.
It happens that when ruling on San Juan, the Highest Court held that if article 175 of the Constitution of that province “allowed a new candidacy for Governor Uñac, might be problematic in keeping with the Republican pattern of periodicity and renewal of mandates”. Also that the electoral act, which was validated by the provincial Electoral Tribunal, “It might shortly produce an institutional disorder that is difficult to repair.” When ruling on Tucumán, the Highest Court cited the arguments used to suspend the elections in San Juan.
Tuesday’s precautionary refloated old doubts. For example, why the political forces that now objected to the candidacies before the Justice did not do so before with the cases of Alperovich and Gioja, who governed 12 uninterrupted years; and if they did Why the challenge did not come to fruition by court decision.
After a new rejection in the Court, Manzur resigned his candidacy for lieutenant governor in Tucumán
Or why they have not operated complaints from politics so that Justice can review if there is a “institutional disorder difficult to repair” (NdR: as the Court presumes what might happen if Manzur specified a fourth term) in the party of San Isidrogoverned since 1999 by the radical Gustavo Posse, who is in his sixth management term and has been in office for 24 years. Something like what the opposition would call it a “fief” if it were a northern Peronist.
And if it is regarding northern Peronists, the same question can be asked in the case of Formosa, with Gildo Insfran: He has seven terms and intends to be re-re-re-re-re-re-elected, in a case where the popular will is above the institutionally foreseen healthy alternation. This without neglecting the fact that perpetuity, in the aforementioned cases, is made possible by popular vote.
Tucumán suspended the elections and San Juan will vote in all positions except governor
Since Tuesday, the day the Court’s decision was made known, the political game of this court was even more evident who heads the Judiciary, is delegitimized by the Executive and faces a process of impeachment promoted from a minority position in the Legislative.
The questioning of the courtly actions, at this point of their own and others, appeared massive from politics, but also from the legal point of view: beyond the issues related to original jurisdiction, Tuesday’s rulings caused a stir because, unlike what had happened in 2015 with Gerardo Zamora in Santiago del Esteronow the suspension was by means of a precautionary measure, without ruling on the substantive issue.
At that moment, the Court did not tremble in ruling on the substance five days following the election. Neither now.
In any case, it is clear that on the fourth floor of the palace located on Talcahuano street there is a firm courtly decision to face the Peronist attack. It was seen, for example, in the comments that the same Tuesday, hours before the ruling, Rosatti pronounced before businessmen of the Chamber of Commerce of the United States in Argentina (Amcham), where He spoke of economic and monetary policy when criticizing the broadcast, something that is not the responsibility of the Judiciary.
Rosenkrantz contradiction?
In the middle is the apparent contradiction of the courtier Carlos Rosenkrantz, what in 2019 it ruled in favor of the re-election of Alberto Weretilnek from Rio Negrorejected by the majority.
Back then, the current national senator He sought a third term of management (He had taken office as vice president in 2011, but months later he took over the Executive following the assassination of Governor Carlos Soria and was elected -or re-elected, depending on the interpretation preferred- for the period 2015-2019). For Rosenkrantz, the Court did not have original jurisdiction because the Republican System established in the National Constitution was not violated and, otherwise, “the scheme of distribution of power between national and provincial courts would be disrupted,” as he expressed in his dissent.
But little more than four years later, in the San Juan and Tucumán cases, the courtier considered that the Highest Court does have jurisdiction.
Judicial sources told PERFIL that there is no such contradiction, since in the case of Río Negro something different was discussed than in the cases of San Juan and Tucumán.
Along these lines, they pointed out that in 2019 the magistrate understood that the proposal dealt with the interpretation of an article of the Provincial Constitution referred to re-elections, while in the current cases that is not in dispute. unlike thatnow Rosenkrantz maintains that it is discussed whether the applications and re-elections from Uñac and Manzur violate the republican principle of government established by the Magna Carta. If enabled, Manzur (who got off last night) would reach 20 uninterrupted years as governor and lieutenant governor and Uñac 16.
Even so, the official reproach does not stop pointing out that there is a political motivation in the fact that Rosatti, Rosenkrantz and Maqueda have decided to suspend two elections just five days following they were held and in which Peronism He had assured wins. For more legal reasons that exist, it is impossible not to attach the judicial decisions issued from the Palace of Courts in the bogged down political context.
The chapter is one more in the process of judicialization of politics or the politicization of Justice. “We stopped the re-elections of Manzur and Uñac. They believe they are feudal lords and owners of their provinces. They wanted to violate their own constitutions and the Supreme Court put them in a box. With us, this will not happen ”, he expressed via Twitter Patricia Bullrich, candidate for president for the PRO, upon learning of the rulings.
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“Precautionary once morest Peronism in San Juan and Tucumán. Cover of the Rosatti scandal and his illicit enrichment that was being denounced by a court official in the Political Judgment Commission, the same Tuesday and at the same time that they issued the ruling suspending the provincial elections,” added the vice president Cristina Kirchner this Friday.
The official knot
But If it is regarding contradictions, there are also contradictions in the ruling party.
And the mess of magnitude that was generated with the supreme precautionary measures also reached the Minister of Justice, martin soriawho was the one who appeared in court in 2019 to object to Weretilneck, then celebrated the courtly rejection of his candidacy and now he came out with the toe caps once morest the supreme judge trio to whom accused of “intervening in the electoral process of the provinces in favor of their political leaders.”
also via Twitter, the official should have gone out to clarify the differences in his position in cases with apparent similarities. He said that in the case of Río Negro, one of the articles of the Provincial Constitution “explicitly vetoed that Weretilneck might appear back to elections.” Different, according to him, from what happened with San Juan and Tucumán, where there is no such prohibition.
Soria is one of the most fervent critics of the actions of an incomplete Court, which the Government questions without even having complied with the law: Alberto Fernández has not yet nominated any candidate for the vacancy that opened in 2021 with the resignation of Ellen Highton de Nolasco.
It is a story with details far removed from people’s day-to-day lives, but which, for now, will have an effect on 1,267,045 eligible voters in Tucumán and 579,913 in San Juan, that this Sunday they will not be able to vote.
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