DILATAR LA REFORMA A LA JUSTICIA

Actualidad Columnistas

Por Aníbal Charry González.

Que es urgente para tratar de conjurar la corrupción que carcome a la Justicia y recuperar la credibilidad perdida en la institución más cara a una sociedad, que hoy se encuentra en las más bajas cotas superando al contaminado Congreso de la República. Y tiene que ser con una reforma estructural  lo cual ha entendido el Gobierno sin atinar a definir el mecanismo -que es lo mismo que querer dilatarla mientras pasa la tormenta-, que no puede ser otro que una asamblea constituyente limitada, pues dada la envergadura de la reforma no se puede hacer vía referendo y mucho menos con acto legislativo, porque ha quedado demostrado tozudamente  que  es imposible hacerla, además de que para que no fracase en el control de constitucionalidad se requiere como ya lo dejó sentado la Corte Constitucional, la intervención del constituyente originario.

Si ya existe un acuerdo como lo dijo el presidente Santos en la cumbre de poderes realizada en Pasto, por qué en lugar de hablar de mesas de trabajo hasta con la comunidad como lo ha anunciado el ministro de Justicia que es la mejor manera de dilatar el asunto, esos poderes no se sientan a materializar la convocatoria de esa asamblea constituyente limitada con la presentación de un proyecto de ley donde se determine la composición, el periodo y la competencia, para que el pueblo intervenga  como lo prevé el articulo 376 superior, pues actuar de otra manera es hacerle conejo a la necesidad de esa reforma estructural  y faltarle al respeto a la ciudadanía proponiendo cambios para que las cosas sigan igual o fracasen como ha ocurrido con las otras reformas salidas del Congreso.

La clave está en la integración de esa asamblea que debe estar totalmente aislada de la politiquería y con raigambre calificada de los constituyentes  teniendo como norte el decálogo que plantea el Gobierno comenzando por el más sensible a la ciudadanía, cual es  la eficacia de la justicia eliminando la morosidad y el vencimiento inadmisible de términos que estimula la impunidad, que debe resolverse trasladando las bondades de la tutela a todos los procesos de la jurisdicción ordinaria con términos improrrogables so pena de severas sanciones modificando el artículo 228 de la Constitución, para que los asociados vuelvan a creer en esa jurisdicción como creen en la  constitucional por la celeridad sin disculpas para resolver los asuntos a su cargo.

Habría que pensar además, claro, en un juez de aforados  independiente, y en periodos vitalicios para los magistrados de las altas cortes con elevación de la edad mínima a 60 años con 30 años de experiencia metiéndole pueblo calificado en su postulación a través de las academias y una reforma en las facultades de derecho para que tengamos abogados para el Estado social de derecho, que debe comenzar con una rigurosa selección de quienes van a estudiar derecho para auscultar las mejores condiciones humanas que deben tener los que  después van a administrar justicia, entre otras reformas  para tratar de enderezar su torcido rumbo  en la cual ya nadie cree desgraciadamente en Colombia.

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144 thoughts on “DILATAR LA REFORMA A LA JUSTICIA

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