The attempt of the Buenos Aires government to maintain presence in schools continues its course in the judicial process, pending a ruling from the Buenos Aires courts of first instance or the Court that stops the decision of the Nation to return to virtuality from this Monday .
Officials close to Horacio Rodríguez Larreta They requested prompt dispatch from the courts, with the expectation placed more on some favorable protection of lower courts before private presentations than on the part of the highest Court before the action of unconstitutionality of the City.
He was the Chief of Staff, Felipe Miguel, who requested “the same speed with which the Office of the Attorney General of the Nation acted, which shows the urgency of this issue because the restart or not of face-to-face classes is at stake this Monday.” The Attorney General’s Office ruled on Friday afternoon in favor of the original jurisdiction of the Court.
The official told FM Millenium that Larreta brought the President to Olivos on Friday, “a lot of information that supported our disagreement in interrupting face-to-face classes.”
Among these data, he highlighted that “in the City of Buenos Aires, from March 17 to April 12, of the 700,000 people who attend schools, less than 1% were infected.” And he added that “each time a protocol had to be applied and those bubbles were isolated, only 0.012% tested positive.”
Banderazo in front of the obelisk against the new restrictions. Photo: Juano Tesone
The Minister of Education, Soledad Acuña, was expressed along the same lines. “The Justice said that we have competence to claim, despite the fact that it was said that we did not have sufficient autonomy, with which now the Court has the underlying issue and must decide on a precautionary measure, which is a resource that involves a decision of urgency, “he said.
The head of government and his legal team were all weekend attentive to some definition in the courts. And they warned that they will await a ruling until late today or early tomorrow to define what will happen with the classes in the Capital. Rodriguez Larreta will gather his Cabinet this Sunday for Zoom. They will review the main health indicators, as well as the continuity of the judicial strategy before the Court.
The highest court already has the case in its orbit and must still define your competence, reason why its resolution times are outlined slower than those of the ordinary Justice. The expectation that a judge of first instance or some Chamber will decide on Alberto Fernández’s DNU is based “from the intuitive”, Buenos Aires sources acknowledged last night.
They consider that “naturally”, A ruling should emerge from the ordinary sphere that will serve as a trigger to put a stop to the measure taken by the President, in the face of presentations made by groups of parents, students, teachers and non-governmental organizations.
On Friday, at the last minute, there was a setback for the City in that attempt, arising from a Buenos Aires Administrative Litigation court, in charge of Romina Tesone, against the request made by the Official Defender representing parents, students and teachers.
Two other proposals are in the process of being resolved.n. In the same terms: a request for suspension of the scope of the DNU that closed the schools for 15 days, teachers from the NGO Open the Schools, and the Center for Public Policy Studies, filed two separate appeals.
Another judge from the same jurisdiction who was in charge of the presentations, Marcelo Segon, declared himself incompetent and sent them to Tesone. The lawyers representing the affected spaces insisted that the amparos return to Segón’s hands, fearing that with Tesone they would suffer the same fate as the Ombudsman’s request.
Finally, the movement of the file indicated that these last amparo were returned to the court by Marcelo Segón, which must be issued regarding whether it makes room for the opening of schools in the City of Buenos Aires or if, on the contrary, it rejects the amparo. According to Buenos Aires judicial sources, Segón is close to Kirchnerism.
In the event that its decision is delayed, the City legal team analyzes filing a complaint with the Chamber in Administrative Litigation so that it is issued before the Monday in which the DNU would begin to govern that suspends face-to-face classes.
In the larretismo they believe that they cannot resign the fight for the return to the classrooms of the students, for which they looked for alternatives since the beginning of the last quarantine and that they consolidated these last two months. “Every day that is lost does not recover”, Larreta summarized.
Therefore, in the City they prefer to avoid talking about what will happen after April 30, when the current confinement expires, although the head of Government assured that Fernández promised that the suspension of classes will be only for two weeks. All the officials consulted by this newspaper agreed in talking about “back to class on Monday”.
Along these lines, they argue that there is evidence that contradicts the President’s statements, not only in what has to do with infections, but also in the transfer of students through public transport.
In this sense, the Buenos Aires government maintains that from the prepandemic stage, in October 2019, to the present, the use of the student ticket has been reduced by 68%, dropping from 5,452,314 passengers to 1,746,689 in that period.
For his part, the mayor of San Isidro, Gustavo Posse, presented a judicial protection together with parents of students to maintain the dictation of face-to-face classes. The same did his pair of Vicente López, Jorge Macri, on Friday.
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