The curious and recent ruling issued by the Chamber VI of the National Chamber of Labor Appeals in proceedings: “Taranto, Jorge Eduardo v. Votionis SA and others/ dismissal” (expt. 40373/2014)in which the renowned radio station “Radio 10” was unjustly condemned, with the legal assistance of the lawyer’s worker Gonzalo Espinosa Paza well-known and controversial character among the main promoters of the trial industry in Argentina, the popularly known maxim is corroborated “Everything is for the friend, not justice for the enemy.”
When a judge decides something in a labor case, both the employer and the worker have the right to appeal to the CNAT, so that the decision is reviewed by a chambermaid. In this way, the CNAT (made up of 10 courts arranged in chambers) can modify what has been decided in the first instance, but with clear and precise limitations.
Now, what are the limits that the law imposes on the chambermaids: basically they limit their actions to the issues that have been specifically planned for them by the resolution that is issued, in the real world It can only validate the decision of the first instance judge or improve the position of the person who has appealed to have his case reviewed. But never, ever make it worse. Since that is what the right to defense in court and the guarantee of due process recognized in our National Constitution is about, it means being able to defend one’s own position without implying that it is worsened.
However, in a recent ruling, Judge Graciela L. Craig, member of Chamber VI of the CNAT, knows under what alchemy – surprisingly – has deprived the lawsuit of this sacred and fundamental constitutional principle. As if he were a character from Sir Walter Scott, he did not hesitate to define that two laws were unconstitutional (when none of the parties in the process had made that proposal) and worse still, – and it is not fiction – he decided to raise the interest rate that was imposed. by the judge of first instance and which had motivated the company’s appeal from 1.135% to the crazy ratio of 19.244%. Yes, as it reads – without a typo – despite the fact that no one had demanded any increase on this point and that no one had questioned the validity of any law, Judge Graciela L. Craig, representative of the Judiciary, has had no qualms about ruling in this way and raising the interest rate 20 times. What everyone is wondering – and some are beginning to answer in whispers – What is the reason for such deprivation and above all, what justifies such exposure.
In the case of the scandal, which soon became known to the judicial community – and which is divided between those who are surprised and those who confirm what they already thought previously – A series of decisions were made that deviated from any norm and that, consequently, set off all the alarms in the legal world.
Those who have put themselves on guard and are watching very closely the attitude adopted by the judge Graciela L. Craig It is not just the employers – who suspect that something similar could happen to their cases – but even workers’ lawyers who recognized in the move the extent that some influences could have had in that jurisdiction. It should be remembered that Judge Craig is the wife of the influential and well-known union lawyer Héctor Recalde and her promotion from trial judge to chambermaid was not without scandals, questions and once again opaque suspicions of, let’s say, “low institutional quality.” .
But let’s return to the shock wave that this has generated. Some of the chambermaid’s colleagues preferred (in voiceover) to assume that it could have been a mistake, a very serious one, but a terrible mistake nonetheless. Perhaps, a kind of lukewarm corporate defense for someone who will surely leave her position before the end of the year, as she herself has let it be known among those close to her.
Others who are familiar with those corridors and who have already marked the file as a “favorite” (to be able to follow it in real time) infer that in these instances the errors are “exceptional” and the notoriety of the matter It can only be explained (although not justified) by the interest of third parties in something so crazy having happened.
In the halls of the CNAT they say that witches do not exist, but that there are, there are.
The question is: can someone with an extensive career make so many mistakes and so clearly? Was it a “mistake”? or it would be an expression – no longer hidden – of the partiality and direction of a part of the judicial power.
We cannot forget that judges must be independent since their function is to agree or disagree with those who have judgments brought before them, but The truth is that this type of “situation” raises the guard of the entire judicial community, ignites all kinds of suspicions and, above all, compromises the remaining members of a jurisdiction who live between complicit silence and an averted gaze.
People and others look stealthily – no less frightened – towards Lavalle Street at 1500, but above all those who live now seem to prefer to stay distant, lest some threads come to light and the end of the ball is reached.
“Make yourself famous and wait,” the saying goes, and what happened would seem to honor the self-inflicted discredit on the part of the Courts. From corridors near the Palace of Justice there are those who suggest that some statements that come from that “particular” workers’ forum are difficult to understand even for ordinary people.
As has been said, the issue is not over, far from it now. There are more eyes on it than before and many are attentively awaiting the solution of the case.
It will be justice on demand…
Source: Ambito
David William is a talented author who has made a name for himself in the world of writing. He is a professional author who writes on a wide range of topics, from general interest to opinion news. David is currently working as a writer at 24 hours worlds where he brings his unique perspective and in-depth research to his articles, making them both informative and engaging.
