The Federal Oral Court No. 2 (TOF 2), composed of judges Rodrigo Giménez Uriburu and Jorge Gorini, ruled that Cristina Fernández de Kirchner may use the balcony of her residence while serving the house arrest ordered in the case known as Vialidad.
In their decision, the judges recalled that there is no specific prohibition regarding the use of that area of her apartment, and noted that the expected conduct is based on criteria of common sense, prudence, and respect for neighborhood coexistence.
Grounds for the ruling: "Common sense and prudence"
"We must recall (even if it seems unnecessary) that the court has not, in principle, prohibited Mrs. Cristina Elisabet Fernández de Kirchner from using or enjoying any specific area of the architecture of the property where she resides," the judges wrote in the decision. They also emphasized that the use of the balcony must be evaluated based on the impact it may have on the immediate environment.