Pichetto's Proposal to Annul Kirchner Conviction Based on 'Institutional Gravity'

Lawmaker Miguel Ángel Pichetto has put forward a controversial proposal for Argentina's Congress to annul the conviction of former President Cristina Kirchner in the "Vialidad" case. Pichetto argues that the legislative branch possesses inherent powers to intervene in judicial decisions during times of "institutional gravity."

Legal experts, however, have dismissed Pichetto's argument as lacking legal foundation and precedent. They explained to La Nación that such a move would challenge the principle of the separation of powers.

Pichetto's proposal comes as he attempts to foster closer ties with Kirchnerism and create a "national center" political space. He contends that Congress should act when faced with clear "institutional gravity" and "evident and notorious nullities" in judicial proceedings. He cited alleged irregularities in the "Vialidad" case, including criticisms of the Cassation Chamber, the Supreme Court, and former prosecutor Alejandra Gils Carbó.

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It is an exploration that has not yet been developed, and I know it is an argument that will stir things up because I am playing with the principle of the separation of powers. But I believe these are inherent powers of Congress when facing issues of institutional gravity and evident and notorious nullities.

He also suggested that the Supreme Court was incomplete during the final ruling and that its current members should have recused themselves due to a prior impeachment attempt by Peronism. Pichetto invoked a doctrine from the "Jorge Antonio" case, related to assets seized from a businessman close to Perón, to support his claim, though this precedent does not grant Congress the power to annul sentences.

Pichetto stated his proposal stems from a "presumption of innocence" for the former president, despite her conviction being upheld by multiple judicial bodies. He asserted that Congress must act to ensure the "balance of powers" when faced with such alleged irregularities and an incomplete judiciary.

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Faced with so many irregularities and an incomplete court, Congress cannot stand idly by. We have the power.