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A court ruling endorsed the controls carried out by the Government in the delivery of food - Infobae
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Un fallo judicial avaló los controles que realiza el Gobierno en la entrega de alimentos
Un juez afirmó que el Poder Judicial “no debe ejercer el Gobierno por medio de medidas cautelares” y que “no existe el peligro en la demora” de entrega de alimentos por parte del Ministerio de Capital Humano
www.infobae.com
May 15, 2024
By Andres Klipphan
The Minister of Human Capital, Sandra Pettovello
The Federal Administrative Litigation Judge No. 2, Esteban Furnari , rejected an appeal for protection presented to request the “prohibition of innovating”, with the aim that the Minister of Human Capital, Sandra Pettovello , does not suspend, in the transition to a new form of food assistance, the delivery of dry food to canteens and picnic areas throughout the national territory.
The presentation was made on February 5 by the defender of the Rights of Children and Adolescents of the Nation, Marisa Graham , and the deputy defender, Juan Facundo Hernández .
According to Graham, they had adopted the measure because the Ombudsman's Office "began to receive complaints from cafeterias, picnic areas, from different places throughout the country" and stated that "within the framework of the measures of the Ministry of Human Capital to modify the provision modality of food to dining rooms and snack bars, that portfolio discontinued the delivery of dry food.”
the Defender of the Rights of Girls, Boys, and Adolescents, . Marisa Graham had denounced the lack of food in cafeterias and picnic areas Senate
The judicial claim pointed out that “thousands of girls, boys and adolescents who attend community kitchens continue to receive timely and quality food” provided for in Law 25,724 by which the National Nutrition and Food Program was created ; This is within the framework of the national food emergency established by the decree of the Alberto Fernández government 108/2022, which was extended by article 87 of law 27,701 until December 2025.
In the appeal, the defenders added that: “with field work carried out by the Ombudsman's Office, it was possible to determine in certain homes that food in bulk had not been delivered since November or December 2023, registering an insufficient stock to meet the demand.”
They also mention that: “similar data could be extracted from the Area of Articulation with Social Organizations, which maintains links with 840 organizations throughout the territory. They clarify, however, that there are approximately 40,000 canteens and picnic areas registered in the National Registry of Canteens of Civil Society Organizations (ReNaCom), which girls, boys and adolescents attend individually or in the company of their family to access a plate of food".
Pettovello officials, through several audits, had already shown that of that total number of soup kitchens, only less than 5,000 had been registered and that only 2,500 were assisted by the former Ministry of Social Development.
Juan Grabois accused the Minister of Human Capital for lack of food supply to eaters EFE/Gonzalo Sánchez
In their defense, the representatives of Capital Humano demonstrated that the Government of La Libertad Avanza, on January 24, 2024, adjusted the amounts that the State transferred to the beneficiaries of the Alimentar Card by 100%.
And they explained that, instead of dry food, which was distributed on a discretionary basis by leaders of picketers and social movements grouped in the Popular Economy Workers Union (UTEP), they had opted for the “Feed Community” program, consisting of a monetary transfer system to canteens, snack bars and social and community organizations -by agreement-, through a physical and/or virtual prepaid card for exclusive use in the areas of food, hygiene items, equipment and first aid items" and that by resolution “2024-78-APN-SNNAYF#MCH, a transfer of the order of forty-four million pesos would have been ordered - through the Banco de la Nación Argentina corresponding to December 2023″.
Pettovello officials explained to the magistrate that “the 'Community Approach' project is underway, in relation to which the Ministry of Human Capital of the Nation signed an agreement for $20,000,000,000 for the purchase of 5,000,000 units of food with the United Nations Development Program (UNDP) and the Organization of Ibero-American States for Education, Science and Culture (OEI).” They also referred to other agreements in the process of being finalized with civil society organizations dedicated to social action.
From the Ministry of Human Capital they demonstrated that the Government of La Libertad Avanza, adjusted the amounts that the State transferred to the beneficiaries of the Alimentar Card by 100% and that it sends monetary items to the registered canteens
In the 15-page resolution, in legal terms the federal judge explained the division of powers, that the magistrates cannot get involved with policies of the National Executive Branch and the Legislative Branch and that, “for all this, the Judicial Branch must take extreme precautions.” in order not to distort its powers in relations with other powers, leaving itself exposed to the accusation of exercising government through precautionary measures.”
Judge Furnari also emphasizes that for the National Executive Branch, as responsible for the general administration of the country, it is possible to admit a wide margin of discretion in the design and implementation of public policies; due to - on the one hand - the legal presumption that it always acts in pursuit of a public interest and - on the other - the specific competence and technical knowledge of the different departments that comprise it.
Regarding the end of his resolution, the magistrate understood: “Within the narrow cognitive framework of the type of process proposed, I understand that the assumptions of verisimilitude and the danger of delay do not arise in a manifest way, and that particularly the denounced illegitimacy does not appear in sufficient degree to justify judicial interference from which – as a principle – do not proceed.”
According to what they understand in the Human Capital portfolio, the resolution of Judge Esteban Furnari could be a favorable precedent in the criminal case that the political and social leader Juan Grabois initiated against Sandra Pettovello for the same alleged “delivery of food and funds to community kitchens.” ”. The former presidential candidate of Unión por la Patria accused Javier Milei's official of "failure to fulfill her duties as an official."
The case is promoted by prosecutor Paloma Ochoa, who asked the Ministry for several evidentiary measures, to specify the actions “specifically adopted during the months of December 2023 and January, February and March 2024 to specifically guarantee the distribution process of food to dining rooms/snack areas, what type and quantity was distributed and to whom.”
Pettovello told this medium that they have already responded to justice, in part, with the same arguments that they did before Judge Furnari and that is why they trust in the future of that case.
