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Un tribunal consideró que el cupo de 900 regresos diarios es “una restricción razonable y proporcional”

 

 

 

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La Cámara del Crimen descartó que el límite de 900 pasajeros diarios para regresar a la Argentina sea “una restricción arbitraria de derechos constitucionales”.

El tribunal avaló así la medida dispuesta por el Gobierno y rechazó una acción de habeas corpus interpuesta por un matrimonio que exigía el regreso inmediato por razones laborales y para atender a sus padres.

El matrimonio, dice el fallo, “no ha logrado demostrar que las normas que cuestiona como ilegítimas constituyan una restricción arbitraria de derechos constitucionales”.

Pero además afirmó que “en materia de política sanitaria el Poder Ejecutivo posee discrecionalidad para adoptar las medidas que resulten necesarias e idóneas” para, en este caso, retrasar lo máximo posible el ingreso de la cepa Delta del coronavirus.

“Limitar el ingreso por un período de tiempo de momento limitado, e ir ampliado en forma paulatina la cantidad de personas constituye una restricción razonable y proporcional para los fines expuestos”, sostuvieron los jueces Hernán López y Ricardo Matías Pinto.

“Es posible sostener que los fundamentos que justificaron las decisiones resultan razonables y proporcionales en aras de conciliar los intereses en pugna”, respondieron, ante el pedido del abogado Alejandro Geretto, en representación de Aníbal Matías González y Mariela Anabel Rivero.

El fallo explica que “los accionantes alegaron que sus padres padecen de hipertensión y asma -circunstancias que no acreditaron- y que se afecta su derecho al trabajo, circunstancias que no revelan urgencia alguna que amerite excepcionar el marco general que contempla la norma”.

La Cámara describió el contexto epidemiológico y los riesgos para la salud pública que importa, de por sí, el Covid-19 y, específicamente, la variante Delta, por su mayor contagiosidad.

“Se está intentando paulatinamente limitar las restricciones ambulatorias originariamente impuestas a nivel nacional acompañando dicho proceso con una política vacunatoria, con la finalidad de inmunizar a la mayor cantidad de población”, enfatizaron los camaristas.

“A la vez, se pretende limitar el ingreso al país de la cepa Delta, justamente para evitar volver a las restricciones ambulatorias mucho más estrictas a nivel local dictadas durante el transcurso del pasado año”, añadieron.

En ese contexto, entendieron que “continúa siendo fundamental retrasar el ingreso de esta variante en el país, para lograr mayores coberturas de segunda dosis en poblaciones de mayor riesgo”.

El fallo reconoce, además, que el habeas corpus es el recurso adecuado para tratar este tipo de situaciones y que el fuero penal nacional es competente para tratar estos casos.

“Cualquier habitante de nuestro país que se vea impedido de ingresar al territorio argentino constituye una limitación a la libertad ambulatoria, aunque sea de manera parcial, que debe ser reparada -de comprobarse- a través de la acción de hábeas corpus, cuya competencia corresponde a la Justicia Nacional en lo Criminal y Correccional”, reivindicaron.

Néstor Espósito

Noticias Argentinas

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