Ciudad

Apelaron el archivo parcial de la causa por el denominado “Vacunatorio VIP”

 

 

 

 

La Procuraduría de Investigaciones Administrativas (PIA) apeló la decisión de la jueza María Eugenia Capuchetti, quien archivó parcialmente por “inexistencia de delito” una parte de la causa conocida como “Vacunatorio VIP”.

Los fiscales  Sergio Rodríguez y Juan Augusto Telvini presentaron el recurso, considerando que la jueza hizo una valoración parcial y arbitraria de las circunstancias que rodearon a la vacunación de 65 personas a quienes, en teoría, aún no les correspondía la inoculación.

Capuchetti cerró 65 de las 70 denuncias iniciales, pero amplió la investigación a unas 300 personas -más justamente por un pedido de la PIA-, y entre los casos que mantuvo abiertos figuran los de las hijas del ex presidente interino Eduardo Duhalde, los padres de la ministra Carla Vizzotti y unas 60 dosis del Hospital Posadas enviadas a El Calafate.

La PIA subrayó que de acuerdo con el plan fijado por el gobierno, “la vacunación sería escalonada y en etapas, incorporándose las distintas categorías en forma simultánea y/o sucesiva pero de acuerdo a la priorización del riesgo y a la disponibilidad de dosis, no ante cualquier escenario y menos aún, ante la arbitraria discrecionalidad de la Administración”.

En ese sentido, los fiscales discreparon con el criterio de la jueza: “si se siguiera su razonamiento,  todas las personas incluidas en alguno de los grupos de la población objetivo tendrían un derecho subjetivo para que sean inoculadas ante su solo requerimiento”.

“Si así fuera, la negativa a vacunar a unos por sobre otros, resultaría violatoria del principio de igualdad garantizado en la Constitución Nacional. (…) Es que de otra forma se estarían consintiendo en forma arbitraria acciones discriminatorias a partir de diferencias de trato que no se encontrarían establecidas en la propia norma”, destacaron en el dictamen de apelación.

Para los fiscales, Capuchetti “efectuó una interpretación parcial e imprecisa” de la resolución sobre la cual se fijó el esquema de vacunación, que fijaba “un límite al obrar de la Administración, ello a fin de evitar que la aplicación de vacunas sea efectuada de manera arbitraria”.

Las vacunas disponibles cuando se produjeron los hechos investigados eran “limitadas” y fueron distribuidas  “para inocular al personal de salud, incluso podría eventualmente admitir al personal estratégico, pero bajo ningún concepto a otras categorías”.

“No se encontraban incluidos los funcionarios del Estado de manera expresa y categórica, como sí sucedía por ejemplo con las fuerzas armadas y de seguridad y el personal del servicio penitenciario”, añade el documento, de 43 páginas.

“La desproporción en el acceso a un bien escaso y valioso da como resultado un privilegio ilegítimo, y el consecuente trato discriminatorio respecto a todos aquellos que se ven excluidos por la conducta, directa o indirectamente”, insistieron los fiscales.

“El acceso anticipado a la vacuna, sin respeto al procedimiento establecido para todos los ciudadanos, en función de la cercanía a ciertos funcionarios, amistades, familiares, afinidades políticas, y cualquier otro motivo por el que se hubiera llevado a cabo la conducta, violenta estos principios, así como compromete la responsabilidad del Estado, al vulnerar compromisos internacionales en materia de derechos humanos”, resumieron.

“La discriminación consecuencia de la corrupción –concluyeron- tiene como base el otorgamiento de un privilegio que no es legítimo. Cuando el resto de las personas se ven impedidas o demoradas en el acceso al derecho de que se trate, la corrupción ha perfeccionado su capacidad de producir esta desigualdad”.

Néstor Espósito

Noticias Argentinas

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