Are all the inhabitants equal before the Law?

© Chamber of Deputies

This principle, established in art. 16 of the Supreme Norm, is permanently resisted by those who understand that there are Argentines with more privileges What others.

Specifically, I am referring to those who resist in a sustained way to advance in improvements in institutional quality, public ethics and electoral transparency. This through the implementation of the requirement of CLEAN CARD and Single Paper Ballot for legislative and presidential elections.

The common citizen is obliged to present certificates of background criminal, in many cases to be able to perform as a merchant or shareholder, as a condition for the State to grant him his title or approval. For example, to be an importer-exporter, to establish or form part of savings and loan companies, to be members of the board of directors of banks and private finance companies, to require Argentine citizenship, etc. At the same time, he is required to make sworn statements, subject to verification, that he is dealing with a person who is not politically exposed, a situation that extends to his family members.

Clean record, dirty campaign

Now, when it comes to implementing the so-called CLEAN CARD system, a whole discussion that goes through the different types of crime, up to the point of holding that there must be a final sentence passed in the authority of res judicata.

It’s ridiculous because they should be included in the first place each and every one of the crimes typified by the Penal Code, because that is how citizens are treated in general when the criminal record certificate is required. Second, the existence of a judgment by a judge or court, even when it is not final, constitutes a precedent for that person not having a clean record. It is not a criminal issue but exclusively electoral, where the values ​​of that person are suspected. It is obvious that, if that person sentenced with a non-final sentence manages to reverse the decision, they will have the opportunity to appear for public office or as a candidate in another election or opportunity.

Therefore, CLEAN FILE in our understanding is have no antecedent with regard to all the fraudulent crimes of the Penal Code, at the time of appearing for public office or as a candidate for any election. From the electoral point of view, having a record means having a conviction not yet final for any crime in the Penal Code. Mention should not be made only of crimes of corruption, because whoever was convicted of any malicious crime has a precedent for not having a CLEAN RECORD. Ultimately, it is a matter of expanding Law 23,298, specifying that whoever has a history that casts doubt on their values ​​cannot stand as candidates or hold public office.

Clean sheet is Law in Chubut

With the enactment of Law 26,571 “Law of Democratization of Political Representation, Transparency and Electoral Equity”, it was incorporated in December 2009 into the Organic Law of Political Parties other causes of inability to be a candidate before non-final convictions and even for indictments. This with the modification of Article 33 where those persons 1) who are indicted for crimes of genocide, crimes against humanity or war crimes, acts of illegal repression constituting serious violations, were added as impediments to a candidacy. of human rights, torture, forced disappearance of persons, appropriation of children and other serious violations of human rights or whose criminal conduct is prescribed in the Rome Statute as crimes within the jurisdiction of the International Criminal Court, for events that occurred between the 24th of March 1976 and December 10, 1983, 2) on which there is a conviction even though it is pending resolution of appeals. That is, even if the conviction has not become final.

And this case is important to highlight because those who promoted this bill from an indictment understood that it was about modifications in electoral matters and political parties (and not in criminal matters) but paradoxically they are those who now oppose it. temporary disqualification from a conviction in the first or second instance for intentional crimes against the State that the 1994 constituent conventions categorized as a “constitutional crime”, equating it (in the same article 36) to acts of force against the institutional order and the Democratic system.

The above does not involve discrimination in any way ever since the American Convention on Human Rights, in its art. 23, regulates that the right to be a candidate or elected for reasons of investigation or conviction by a competent judge in criminal proceedings can be regulated, without mentioning that the sentence is final as if it is expressed in other articles of the document.

JxC wants the “clean sheet” law to avoid candidates with convictions

The citizens’ initiative was born in September 2018 from a petition on created by Lic. Gastón Ignacio Marra and journalist Fanny Mandelbaum and accompanied by countless leaders of the political class as well as references from civil society. It has already managed to get almost 400,000 citizens to accompany this request, which is aimed at political leaders (at their national, provincial and municipal levels) from all over Argentina.

The elections held on November 14, 2021 are proving that the population wants a Clean Sheet.

From a legislative point of view, the first bill in Argentina was presented on August 17, 2016 by the National PRO deputy Silvia Lospennato.

Within the moral values positive we find honesty, truth, loyalty, solidarity, tolerance, respect, responsibility … While, as negative moral values, we can recognize lies, selfishness, envy, greed, pride, corruption, intolerance, indifference, among many others.

The objective is that whoever is running has positive moral values ​​and no one with a conviction for any willful crime can be a candidate for elective office.

Regarding the SINGLE PAPER BALLOT for the legislative and presidential elections, the permanent resistance of the ruling party for more than 10 years to counting on it is not understood, while greater transparency is achieved, guarantee of the right to choose, less spending by the State, the probability of fraud, disappearance of ballots since all the candidates are in a single ballot that the president of the table hands over to the voter who selects the lists of his preference for each category is ecological by saving paper and there is more equity between the different political forces by the competition of all parties on equal terms. It is easier to vote and it is a system that is used in almost every country in the world. If in Argentina there is a sector of the political class that opposes its use, it will be for a reason! Coincidentally, they are the same political parties that oppose the “Clean Sheet” initiative.

Clean sheet: Let’s change was unable to include it in a special session and asked to debate again

It is a system already proven with successful results in the provinces of Santa Fe and Córdoba as well as the voting system in force for voters deprived of liberty (authorized to vote) and Argentine citizens abroad. From society, the national public accountant Gustavo Lema promotes the citizen campaign to which organizations and referents of civil and political society have also adhered.

The objective is to move towards its full implementation to apply in the elections of the year 2023.

* Gastón Marra and Adalberto Russo, members of the Consultative Council of the United Republic.

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