by In the context of the lawsuit damages who had started the right hand of Ricardo LorenzettiHéctor Marchi, against Elisa Carrió when I was a deputy, the supreme court of Justice failed a favor from the leader of the Civic Coalition and confirmed that in her capacity as a legislator she could not be “accused, judicially questioned, or bothered by the opinions or speeches” she issued.
Carrió had denounced the judge of the Court and his right hand in 2016 for alleged illicit enrichmentbut the Court dismissed the defendants.
Lorenzetti’s right hand then began a civil lawsuit against the then deputy and the other complainant, the then legislator Fernando Sánchez.
The demand escalated to civil chamber, what’s going on with him the reason for marchi in 2018 by alleging that the immunity which the deputies had did not apply to the false accusation that had been carried out against him.
Carrió’s reaction was to propose a extraordinary appeal before the Supreme Courtthat this Thursday failed favor of the leaders of the Civic Coalition.
The arguments of the Supreme Court in favor of Elisa Carrió
The highest court revoked the House’s ruling and recalled that the constitutional norm establishes that none of the members of Congress can be accused, judicially questioned, or bothered by the opinions or speeches they issue while carrying out their mandate as legislator and that it has always been maintained the absolute nature of said immunity.
He pointed out that the possibility that a member of Congress could be subjected to a process, so that they may be investigated or judicially interpreted your opinions or votes legislative and the motives that determine them, contradicts the idea that about the division of powers the authors of the Constitution had.
In that sense, they stated that it is preferable to adopt a broad approach when the game is at stake freedom of expression and parliamentary immunities, because in this way the control powers of the Legislative Branch over the remaining institutions are not affected.
Finally, the Court recalled the privileged place accorded to freedom of expression and opinion compared to the attenuated standard of protection – in the face of issues of public or general interest – when the passive subject or recipient of criticism and opinions is a public person as would happen in the case of Marchi.
The ruling is signed by judges Horacio Rosatti, Carlos Rosenkrantz and Juan Carlos Maqueda. Ricardo Lorenzetti, on the other hand, was not signed: Carrió had rejected him due to his connection with the plaintiff, who managed the judicial budget when the judge presided over the court.
