Estado de Derecho y libertad

cuando el “fin” no justifica los medios. Algunas reflexiones acerca del caso “Habeas corpus. Solicitante: Gambetti, Yanina y otros”

Abstract

On 01/23/2024, a preventive and collective habeas corpus was resolved in which it was intended that the federal security forces refrain from carrying out filming and searches regarding people traveling on buses and trains heading to the General Strike of the CGT. In allowing the action, federal judge Kreplak held that such procedures were carried out outside the provisions of article 230 bis CPPN, and that the federal forces should refrain from carrying them out in the mobilization to take place on the 24th. The ruling in question, whose solution we share, is analyzed in light of current regulations, starting from the basis that freedom is the principle and its limitation is the exception, and the assumptions that enable it must be interpreted restrictively. Likewise, a review is carried out of the jurisprudence of the Supreme Court of Justice of the Nation on the matter, which, even from a deferential position with police procedures, allows the practices challenged here to be disqualified. Finally, the main foundations of the ruling of the Corte IDH in the case “Fernández Prieto y Tumbeiro v. Argentina", in which our country was condemned at international headquarters for not giving a satisfactory response, in accordance with the inter-American system, to this type of police actions.