The prosecutor before the City Appeals Chamber, Karina Cichero,
resolved in favor of the request of two non-governmental organizations, to keep schools open this Monday. A group of teachers gathered in the NGO Open the Schools and the Center for Public Policy Studies filed two appeals where they requested the nullity of the scope of the DNU of President Alberto Fernández, regarding the suspension for 15 days of face-to-face classes.
The IV Chamber of Buenos Aires Appeals asked for the opinion of the prosecutors and now must decide. The central proposal of the amparos that the Buenos Aires MPF analyzed is the suspension of Article 2 of DNU 241/2021 that Alberto Fernández signed on Thursday night. There, the suspension was ordered for a period of 15 days, of the classes in person at the AMBA. Punctually at Capital Federthis reaches 2,359 educational units that nucleate a population of 600,000 students.
When the claim entered the contentious administrative jurisdiction, Judge Marcelo Segón considered that it should not intervene and asked that everything be sent to her partner Romina Tesone, who on Friday night declared herself incompetent to resolve against the amparo presented by the Official Defenders Offices on behalf of the parents. There it was requested that the nullity of the DNU be declared and open schools be guaranteed.
The magistrate maintained that since the City went to the Supreme Court of Justice to resolve the unconstitutionality of the Decree, it did not have to issue the amparo filed by the parents, since the resolution of the Highest Court had to be awaited. Judge Segón wanted to follow that same criterion, but the two amparos returned to his court and are in the Appeals Chamber.
After this administrative tour, the chambermaids Marcelo López Alfonsín, Nieves Macchiavelli and Laura Perugini, requested the opinion of the Public Prosecutor’s Office led by Juan Mahiques. In the opinion that Clarín agreed to, the MPF resolved to make room for the request of the injunctions: guarantee the schools open this Monday, and thus, annul the scope of the DNU in this regard.
“I understand that it would be appropriate to give place to the precautionary measure requested in the initial letter, and to provide that the continuity of face-to-face education in the educational establishments of the CABA as of April 19,” said Karina Cichero before a complaint filed in recent days.
The judicial dispute between the Government and the City began last Wednesday, when the President announced different measures to contain the pandemic, among which the suspension of face-to-face classes until April 30.
Immediately after the announcement, the City rejected the measure and a legal dispute was opened to stop it in Buenos Aires schools.
In various public statements and interviews, Buenos Aires officials questioned that the president had not consulted the measure with the Buenos Aires head of government and warned that schools are not a source of contagion.
The Buenos Aires Minister of Education, Soledad Acuña, pointed out this Sunday that there is “evidence” that demonstrates the security in the protocols of the schools: “Less than one percent of the more than 700 thousand people who pass through schools have contracted coronavirus. And of the total number of bubbles -more than 45 thousand-, only 2% have had to be suspended. The President recognized it. ”
The judicial path
The Government of the City of Buenos Aires filed an action declaring unconstitutionality before the Supreme Court of Justice of the Nation Against the provisions of Decree 241/2021 in relation to the presence of classes, suspended from next Monday and for a period of 15 days in the Buenos Aires Metropolitan Area (AMBA). .
The Attorney General’s Office, headed by Eduardo Casal, ruled that the highest court is competent to resolve the claim made by the City government.
The attorney before the Supreme Court, Laura Monti, argued that “the City has the same position as the provinces in the regulatory system that governs the jurisdiction of the federal courts and, therefore, the same right to the original jurisdiction of the Court. Supreme Court of the Nation “.
On Friday, at the last minute, there was a setback for the City in that attempt, emerged from a Buenos Aires Administrative Litigation court, by Romina Tesone, against the request made by the Official Defender on behalf of parents, students and teachers.
In addition, two other issues are in the process of being resolved. 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.
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