Argentina is the country where a final sentence can be worth less than a viral tweet. Where the written right lives with structural informality, and the judge – which should represent the force of the legal system – becomes, often, a commentator of the decline becomes. This is the real drama: Justice dictates, but does not execute. The norm exists, but is not fulfilled. The paper says one thing; Reality makes another.
This note is not for those who make up with the legal ritual. It is for those who live in their own flesh the consequences that the right is an empty promise. It is for retirees who win a trial against Anses and die waiting. For dismissed work that gain compensation that they never charge. For tenants who have eviction sentences that are never executed. It is for the millions of Argentines trapped in a system where the norm is respected only if it is convenient.
In our National Constitution, it is established that judges have the public force to enforce their decisions. But in practice, this is wet paper. How many failures are left in limbo, without execution, without sanction, without effects? How many judges end up being “scribes of impotence” because the state apparatus does not execute?
We live in a country where astreintes (those daily fines for breaching a sentence) are transformed into decoration. Where you “rise” judicially to do something, but it is not fulfilled, nothing happens.
The sentence becomes a legal fiction. And when the law is not fulfilled, it is not the right: it is literature.
Theorists know it well: the right needs a chain of validity. The law must be general, consistent and effective. But in Argentina, that chain is broken daily. The macro level, that of the legislator, produces rules that are not executed. The micro level, that of the judge, is tied from hands.
The result is catastrophic: contradictory norms, lack of coordination between laws and regulations, and a reality where law does not operate as a system, but as a political lot.
If the Congress legislates according to who has the pen that day, and the judges apply according to their humor or their workload, then there is no legality: there is randomness. And a country where law becomes random, is not a country: it is a failed experiment.
There is much talk about judicial discretion. But in a state in permanent crisis such as the Argentine, discretion becomes arbitrariness, or worse, in omission. Judges who do not execute, who do not use the public force, who “expect” the parties to agree.
That is not justice. That is abdicating duty.
The validity chain requires coherence between the normative level and the judicial level. But if the judge interprets the norm as he wants, or directly decides not to enforce it, he breaks the system from the inside.
The judge is not to declare: It is to transform the letter of the law into concrete action. In Argentina, that was lost.
Slow justice, dead justice
The big Argentine problem is not only inflation, debt or insecurity. It is the structural failure of the legal system as an order tool. A country where no one fears the law is condemned to chaos. What message do we give when a judge orders something and nobody fulfills it?
When the sentences do not execute, the living, the gangster wins, the one who has back to resist. He loses his laborer, the victim, who only has the State as guarantor of his rights.
Slow justice is not justice. And justice that is not fulfilled is complicity. Normative fiction and the eternal return of failure.
This sick Argentina produces norms such as who prints pamphlets: without structure, without systemic logic, without compliance guarantees. The Congress legislated by marketing, the judges interpret in fear, and citizens survive as they can. Legal validity becomes an aesthetic exercise. And the reality – that hits each villa, each collapsed court, each debt without collecting – denies all the scaffolding.
We want a more flexible system, yes. But not one that breaks.
One that respects the law, but understands reality. That combines the logic of the system with the rawness of the facts. Because if not, the law does not work. And when the law does not work, barbarism wins.
And now what?
Argentina needs a deep reform of its judicial system. But not one of those marketinean reforms that change names and not structures.
The law cannot be a luxury. It has to be a minimum of civilization. And that begins to fulfill what is ordered.
Judgments are the heart of the legal system. If they don’t beat, the whole body dies.
The law must be force again. The judge, guarantor. The right, shield.
Because if not the State is a broken promise, and justice, a cruel joke.
Lawyer. Specialist in Work and Master in Employment and Judicial Innovation. Diploma applied to management in digital environments, explains why in Argentina it is a custom not to comply with judicial sentences.
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.
