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Alfaro pide a la Justicia que no adelanten los comicios en 2023

La agrupación alfarista solicitó que se lo considere “tercero interesado” en la causa que tramita el PJ para invalidar plazos fijados en la Constitución.

La Justicia debe desestimar la acción de amparo que promueve el PJ para que se declaren inconstitucionales los plazos electorales estipulados por la Constitución provincial. Así lo solicita el Partido de la Justicia Social en el planteo que interpuso ante la Sala I de la Cámara en lo Contencioso Administrativo para que sea incorporado a la causa como “tercero interesado”. En el escrito se sostiene que tanto el PJ en su planteo, como la Provincia en la contestación de demanda, invocan argumentos falsos para justificar su intención de anticipar las elecciones provinciales, tal como se hizo ya en 2019.

El intendente capitalino Germán Alfaro, como titular del PJS, afirma en la presentación judicial que el Partido Justicialista quiere someter la Carta Magna a los arbitrios de su conveniencia electoral.

Recuerda que las disposiciones del artículo 43, inciso 6°, y del artículo 100 (mandan a votar 60 días antes de que culminen los mandatos provinciales, lo cual opera el 29 de octubre), “funcionaron sin cuestionamiento en las elecciones de 2007, 2011 y 2015”, durante las tres presidencias kirchneristas, cuando se “tornaba beneficiosa la simultaneidad” con el calendario electoral nacional. En cambio, Alfaro advierte que el PJ de Tucumán “sopesa” ahora que es “más positivo a sus intereses ‘despegarse’ lo máximo posible del ‘efecto arrastre negativo’ de la elección nacional”, dada la crisis vigente.

La Constitución provincial y los intereses del oficialismo

Alfaro reprocha al oficialismo sus intenciones de amoldar la Ley Fundamental a sus intereses coyunturales y de no respetar lo que dicta la Constitución.

El intendente capitalino cuestiona que la Justicia haya acogido, en 2019, el planteo del Partido Renovador, que también cuestionó los plazos electorales fijados por la Constitución, y le permitió al Gobierno anticipar los comicios: en vez de agosto, ese año se sufragó el 9 de junio.

Según el líder del PJS, dos elementos variaron respecto de esa oportunidad: el demandante y la respuesta de la Provincia.

El régimen gobernante ha ido perdiendo el poco pudor que lo llevó (en 2019) a ‘tercerizar’ (en el Partido Renovador) la maniobra para manipular los plazos electorales. Tal vez ebrio de impunidad por su éxito en la cooptación del Poder Judicial, decidió salir a asaltar al Estado de Derecho ‘a cara descubierta’. Ahora es el PJ, cuyo presidente y vicepresidente son Juan Manzur y Osvaldo Jaldo, el que ‘demanda’ a la Provincia, cuyo gobernador y vicegobernador son Manzur y Jaldo”, cuestionó.

“La otra modificación es un sinceramiento del fraude que se perpetra: bajo la apariencia de una contestación de demanda (la Provincia) se allana: llega a sostener que no hay ‘caso’ por cuanto se ha declarado la nulidad (en 2019) de las normas (constitucionales) atacadas, con carácter de cosa juzgada”.

Las objeciones del planteo alfarista

• Sostiene que el planteo del PJ es sólo “un proceso aparente”, por cuanto no hay un real “conflicto de intereses”, ya que el partido, que conducen el gobernador y el vice, quiere lo mismo que el Gobierno, que conducen el gobernador y el vice.

• Rechaza que los artículos que ordenan votar dos meses antes de que caduquen los mandatos de las autoridades sean inconstitucionales. El PJ argumenta que la Convención Constituyente de 2006 se “extralimitó” al fijar esos plazos porque considera que son “incorporaciones”. El alfarismo, en cambio, recuerda que la Ley 7.469, que autorizó la reforma parcial de la Constitución de 1990, autorizó a “modificar” tanto el capítulo de “Régimen Electoral” como el artículo 84, según el cual los comicios provinciales debían celebrarse “cuatro meses antes”. Así que -alega- reducir de 120 días a dos meses el plazo no es un “hecho nuevo” sino una “modificación”.

• Refuta la “contestación de demanda” de la Fiscalía de Estado. Puntualiza que la sentencia 1.028, del 28 de diciembre de 2018 (disponible en la web de la Dirección de de Jurisprudencia del Poder Judicial), resuelve, textualmente, “declarar, para el presente caso, la inconstitucionalidad del artículo 43 inciso 6° de la Constitución”. Y agrega que la sentencia 47 del 21 de febrero de 2019, aclaratoria de la anterior, declara la “inconstitucionalidad del artículo 100”. Es decir, “se refieren y circunscriben a las elecciones del año 2019”.

Alfaro agrega que el inciso 5° del artículo 43 autoriza a unificar los comicios provinciales con los nacionales, de modo que puede anticiparse la votación local celebrándola con las PASO.

“Todo ésta atado a la conveniencia del PJ y del Gobierno, en una siniestra trinidad, que nos muestra tres personas aparentemente distintas (PJ, Poder Ejecutivo y Poder Judicial) y un solo interés verdadero”, concluye el presidente del PJS.

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