The president of the Supreme Court of Justice of the Nation, Horacio Rosatti, spoke on Monday about the uncomfortable moment he experienced in front of Alberto Fernández’s speech at the inauguration of the ordinary sessions of the National Congress.
“We knew what the climate could be, but we were convinced that we do not have to let ourselves be won over by passion, sympathy, or antipathy, because we express an institutional representation,” Rosatti explained in the program “From the plain”, by TN.
During his speech, the President charged harshly against the ministers of the Court and even looked at them defiantly. In the room, in addition to Rosatti, was Carlos Rosenkrantz.
The weather was expected to be tense. Why were they? How was it decided? “I am going to give a personal answer, but also an institutional one. When we received the invitation, the four ministers of the Court talked about how our representation would be. The four of us decided to be president and vice president,” said the highest judicial authority.
Did you think about leaving before Fernández’s attack? Rosatti acknowledged that no. “We don’t think about retiring. We look at each other with Rosenkrantz, but no. It would have been a triumph of subjectivity over the objectivity expressed by the institution we represent”, he explained.
For the Minister of the Court, the presence with Rosenkrantz in Congress was not a personal matter. “We were there representing the Judiciary, all the judges,” he explained.
affections
For Rosatti, it must be made clear that subjective issues should not take precedence when representing Justice.
“Just as one claims when passing a sentence that any circumstance of affection, sympathy, antipathy must be ignored, where only the file is valid and what we must resolve, the Constitution and the laws; We must behave in the same way when we express an institutional representation ”, he assured.
“If the country’s main court made its decisions based on affection or disaffection, what could a retiree, a worker or a businessman who wants to establish an industry in the country or who wants to make an investment expect if the ministers of the Court moved according to passions, subjectivities?
“For us, the institution comes first and, above the institution, there is even the Argentine Constitution. We must handle ourselves like this, set an example not only at the time of passing the sentence, but also at the time of expressing a representation, which is what we did at that time,” the judge emphasized.
To delve into the situation, he gave an example. “If I had a case in Court and I considered that you are guilty, no matter how much praise you give me every day, I would not change my criteria. And if I considered that he was innocent, no matter how much he criticized me every day, I would not change my criteria. That is how we must handle ourselves and that is how we are handling ourselves in this context.”
And he advanced on the question of personal preferences. “If we do not express a temperance of mind or a spiritual serenity to make our decisions, we would be like the pilot of a plane in turbulence who the crew finds desperate, shouting or crossing himself. What would await them, then?
tension between powers
Rosatti was also asked about the confrontation between the Executive Power, commanded by the Frente de Todos, and the Judicial Power.
“Each power has jurisdiction and the jurisdiction of the Court, which is fundamental in any rule of law, is to be the last word regarding the constitutionality of the norms,” he remarked.
And he contextualized the situation, by recalling that he had been Minister of Justice between 2004 and 2005, with Néstor Kirchner.
“I was on the other side during the Néstor Kirchner government, and now I am a minister of the Court. And there are things that one does not read in books, but I saw it in my personal experience: there is always a kind of tension between the representative powers and the Judiciary. There is always a claim of incomprehension of one power in relation to the other and it is reciprocal ”, he recalled.