The former president’s lawyer formally requested that the resolution be declared null and void and that the assets of the lifetime monthly allowances that were “improperly withheld” be restored.
As Ámbito announced, with the sponsorship of the lawyer specializing in pension issues, Facundo Fernández Pastor, the former vice president Cristina Fernández de Kirchner He presented a challenge to the ANSES of the resolution of Javier Milei’s government that took away his retirement and pension after the confirmation of his conviction in the Roads case.
The administrative appeal must be responded to by the authorities of the social security organization. Cristina’s defense assumes that the answer will be negative, so they are already preparing a presentation in court.
The document warns that the decision of the Executive Branch “violates rights and guarantees enshrined in the laws, the National Constitution and the amended doctrine of the Supreme Court of Justice of the Nation” and demands that “the aforementioned resolution be revoked, restoring the assets of “the lifetime monthly allocations improperly withheld from my client, with plus interest until effective payment, which will be substantiated herein.”
He also argues persecutory purposes against the former president by stating that it is “one more act of persecution for the purposes of revenge, harassment and partisanship that in this case involves officials of the National Social Security Administration, of the Ministry of Human Capital of which It depends, and to the President of the Nation himself.”
For Pastor, with the administrative decision the government reinterpreted article 29 of law 24,018, which says that the way to not have the right to the benefit is to have been removed through impeachment. For the Executive, the civil trial after having accessed the benefit is comparable to the political trial, which is refuted by Cristina Kirchner’s defense.
This is an identical case to that of former vice president Amado Boudou. Specialists also remember as precedent the ruling of Chamber II of the Federal Chamber of Social Security, which resolved the case of Judge Smart. That resolution restored the benefit to the magistrate even though he had been convicted of crimes against humanity. It’s because Smart was not removed through impeachment.
Retirement of Cristina Kirchner: what the lawyer said
The lawyer of Cristina Kirchner in pension matters, Facundo Fernandez Pastorassured that they will go to court if the administrative request does not advance and pointed out that “they took away the two monthly lifetime allowances interpreting that a double-instance conviction is comparable to a political trial“. “That is something that Justice has to interpret,” he added and recalled that “the jurisprudential doctrine says the opposite.”
The representative of the former president in an interview on radio La Red also highlighted that in the decision of the ANSES “the benefits are recognized, but the administrative act is revoked without giving the right of defense“.
In this framework, he considered that the government decision It is linked “to the same persecution that he had when he left the Presidency in 2015.”
Asked about a possible judicialization of the case, the Minister of Human Capital Sandra Pettovello declared for Ámbito: “I trust that Justice will be up to the task.”
Source: Ambito
