Reforma a la justicia: Camino a la dictadura

131
Magistrados de la Corte Suprema de Justicia.

Una propuesta del Centro Democrático que desnuda su interés de convertir a Colombia en una dictadura

Redacción política

La iniciativa parlamentaria presentada por el Centro Democrático, para modificar la justicia en Colombia, es la nuez de la propuesta de reforma que el candidato Iván Duque pretende imponer en un eventual gobierno suyo. Cerrar las altas cortes de justicia, elegir un Fiscal General subordinado al ejecutivo y limitar la tutela son las principales aspiraciones de ese partido aliado en este momento con la clase política tradicional.

La elección del Fiscal General, a partir de un nombramiento del presidente, después de ser avalado por el Senado, es la principal modificación que contiene la reforma a la justicia promocionada por el candidato Duque. Dicha reforma constitucional tiene de fondo una alteración institucional que barre con la división de poderes del Estado.

Hoy el Fiscal es elegido por la Corte Suprema de Justicia después de la presentación de una terna escogida por el presidente de la República. Un mecanismo que tampoco garantiza la escogencia de los juristas de mayor preparación para esa magistratura, el caso más reciente es la elección de Néstor Humberto Martínez, cuyas cualidades académicas no son las más apropiadas para ejercer dicho cargo.

Otro de los contenidos de la propuesta de reforma a la justicia del candidato Duque se refiere a la modificación de la cúpula judicial, eliminando las Cortes Constitucional y Suprema de Justicia, convirtiéndolas en salas especializadas de una gran corte con menos magistrados, que también serían elegidos por el poder ejecutivo. Es decir, eliminar cortes e imponer nuevos magistrados sin independencia judicial.

“No nos parece que una reforma a la justicia pretenda restringir el derecho a la justicia, arrodillar el poder judicial al ejecutivo y modificar asuntos sustanciales de nuestro estado como el acceso a los derechos fundamentales por medio de instrumentos jurídicos como la tutela. Una reforma constitucional que pretende cooptar el poder judicial por el ejecutivo se llama dictadura”, señaló la senadora Aída Avella.

La reforma propuesta no deja de tener un tufo de revancha. El hecho de que la Corte Suprema de Justicia en recientes pronunciamientos haya decretado crímenes de lesa humanidad a masacres como la del Aro en la que se ha visto involucrado al expresidente Uribe, jefe de Partido del candidato Duque, suena a venganza del expresidente en contra de esa magistratura. Lo mismo sucede con las implicaciones de otros líderes políticos cercanos al Centro Democrático por delitos como paramilitarismo o enriquecimiento ilícito y que hanexpresado ser “perseguidos políticos”.

Al respecto, el candidato de la Colombia Humana, Gustavo Petro señaló: “Lo único que buscan con esa propuesta es frenar los procesos contra Álvaro Uribe […] cerrar cortes es viable por el Centro Democrático ya que tienen el control del congreso y eso se llama una dictadura. Entiendo el esfuerzo de Duque de dulcificar la propuesta, pero la realidad es que las personas que voten por Duque o voten en blanco están ayudando a construir una dictadura”.

La propuesta de reforma a la justicia, a juicio de la senadora Aída Avella, debe tener un elemento sustancial: “La verdadera reforma a la justicia se centra en una carrera judicial en donde sean los mejores y más preparados juristas los que accedan a los cargos de la rama sin intermediación política, que sean las escuelas judiciales de la rama la cantera de producción de juristas que acompañados de un trasegar académico ocupen las magistraturas de las altas cortes y los tribunales. Nada tiene que ver la política con la justicia cuando se aspira a tener una división de poder clara y absoluta. Ese el espíritu de la ruta constitucional que nosotros hicimos”.

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