Presentamos un amparo colectivo contra el Consejo de la Magistratura

ANTE INCUMPLIMIENTOS DEL CUPO DE GÉNERO EN CONCURSOS JUDICIALES, ORGANIZACIONES DE LA SOCIEDAD CIVIL DEMANDAMOS AL CONSEJO DE LA MAGISTRATURA

El amparo colectivo se interpuso por el incumplimiento del cupo mínimo de mujeres en la selección de varias ternas para cargos judiciales. La acción está impulsada por la Asociación Civil por la Igualdad y la Justicia (ACIJ), la Fundación Mujeres en Igualdad (MEI), la Asociación de Abogadas Feministas de la Argentina (ABOFEM), la Asociación por los Derechos Civiles (ADC), la Fundación Poder Ciudadano y el Equipo Latinoamericano de Justicia y Género (ELA).

En los concursos destinados a cubrir cargos en los Tribunales Orales Federales de La Plata, en la nueva Sala Especializadas en Defensa de la Competencia de la Cámara Civil y Comercial Federal y en la Cámara Nacional en lo Penal Económico, todos aprobados en diciembre de 2020, el Consejo de la Magistratura de la Nación decidió enviar al Poder Ejecutivo ternas completamente integradas por varones, en violación de las reformas del Reglamento de Concursos aprobado por dicho órgano en 2019.

El reglamento actual prevé en su art. 44 que, cumpliendo una serie de requisitos, debe incorporarse al menos a una concursante mujer por terna.

Si bien en la totalidad de los concursos cuestionados había mujeres con el puntaje suficiente para integrar las ternas, se conformaron sin aplicar la regla del cupo – que a su vez responde a principios fundamentales que promueve la  Constitución Nacional y los compromisos internacionales que Argentina asumió en materia de derechos humanos.

Distintas organizaciones habían presentado en diciembre del año pasado una nota ante el Consejo de la Magistratura advirtiendo la situación para que sea revisada. Como respuesta, la presidencia del Consejo expresó que no había cumplido con el Reglamento vigente porque los concursos se habían iniciado antes de la modificación que incorporó expresamente el cupo en 2019. Sin embargo, el Consejo omitió considerar que las situaciones de discriminación deben ser reparadas de forma inmediata -tal como indica jurisprudencia de la Corte Suprema de Justicia-, y que razones procedimentales no pueden ser justificativo suficiente para que los beneficiados por dicha situación de discriminación estructural (en estos casos los candidatos varones) puedan seguir aprovechándose de ella.

Según un análisis de la Oficina de la Mujer de la Corte Suprema de Justicia realizado en 2019 existe un fuerte “techo de cristal” en el acceso a cargos judiciales de mayor jerarquía. La proporción de mujeres camaristas alcanza sólo un 25% -esto es, que por cada mujer camarista, hay tres varones en la misma posición-, mientras que el porcentaje de magistradas de primera instancia es de 31%. Esta brecha implica no sólo un incumplimiento de obligaciones constitucionales en materia de derechos humanos, sino también un perjuicio al funcionamiento y legitimidad del Poder Judicial.

El amparo, que fue acompañado de una medida cautelar para que el Poder Ejecutivo y el Senado se abstengan de avanzar en el tratamiento de estos concursos, busca que sea revertida esta situación de discriminación y que, tanto en estos concursos como en todos aquellos que se aprueben en el futuro, sea respetado el cupo de género establecido legalmente.

El amparo recayó en el juzgado contencioso administrativo Nro. 4, a cargo de la Dra. Rita Ailan. En los próximos días deberá definir si concede la medida cautelar solicitada para que se suspenda el trámite de esos concursos mientras dure el proceso judicial.

34.108 comentarios en “Presentamos un amparo colectivo contra el Consejo de la Magistratura”

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