La Cámara Federal de Casación rechazó un recurso de «queja» de la vicepresidenta, Cristina Fernández de Kirchner, contra su procesamiento en la Causa Cuadernos como presunta «jefa de una asociación ilícita».
El máximo tribunal penal, en fallo dividido, consideró que el procesamiento dictado por el difunto juez Claudio Bonadio y confirmado por la Cámara Federal «no se trata de una sentencia definitiva ni de un auto que ponga fin a la acción, a la pena o haga imposible que continúen las actuaciones».
En consecuencia, no habilita la intervención de la máxima instancia de la Justicia penal, por lo cual rechazó el planteo.
Además, destacó que «en la presente, han recaído pronunciamientos concordantes del juez instructor y de la cámara respectiva, sin que se observe la existencia de cuestión federal o verificación de un supuesto de arbitrariedad en el pronunciamiento recurrido, que amerite la intervención de esta Cámara como tribunal intermedio».
En la causa Cuadernos se investiga la supuesta existencia de una asociación ilícita y el delito de cohecho, en base a los escritos plasmados en cuadernos por parte del remisero Oscar Centeno, un arrepentido en el caso y ex chofer del ex funcionario Baratta.
El tramo principal del caso, en el que está procesada la Vicepresidenta junto a ex funcionarios como De Vido y empresarios, ya fue elevado a juicio oral y está a cargo del Tribunal Oral Federal 7.
El fallo que se conoció hoy no va al fondo de la cuestión, sino que ni siquiera analiza los planteos de la vicepresidenta contra su procesamiento. En los hechos, la decisión de la Casación -adoptada por los jueces Diego Barroetaveña y Daniel Petrone, con la disidencia de Ana María Figueroa- despeja el camino hacia el juicio oral y público por la Causa Cuadernos.
«La impugnación intentada sólo revela una disconformidad con la desestimación dispuesta, que no es suficiente para configurar un supuesto de arbitrariedad o cuestión federal que autorice la apertura de esta instancia casatoria», resume el fallo.
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