The federal judiciary rejected Cristina Fernández de Kirchner's request on Wednesday to have her lifetime pension as the widow of former president Néstor Kirchner reinstated, which had been suspended by ANSES. The decision, issued by Judge Karina Alonso Candis, represents a new judicial setback for the former president, who now must return approximately $1,000 million that was improperly received.
The ruling, issued by Federal Social Security Court No. 1, dismissed the precautionary measure filed by the former president in the case "Fernández Cristina Elisabet v. ANSES re: annulment of administrative act." The lawsuit sought to annul the resolutions that terminated both the pension for her status as Néstor Kirchner's widow and the one corresponding to her own presidential term.
Cristina Kirchner, condenada por corrupción.
In her filing, Cristina argued that the suspension of the benefit affected her "right to social security" and cited the Universal Declaration of Human Rights. She also maintained that there was a final judgment recognizing her right to receive the pension and that the judicial delay threatened her subsistence. However, the judge found that the former president's claim exceeded the limits of a precautionary measure, since it sought to anticipate the final outcome of the process.
From the pension agency, which reports to the Ministry of Human Capital, it was argued that the lifetime allocations provided for former presidents, vice presidents, and their widows are "gracious" benefits, meaning exceptional and non-contributory. ANSES maintained that Cristina Kirchner's request confused the precautionary measure with the main purpose of the case, and that its possible reinstatement would undermine the principles of transparency and public spending oversight.
The ruling also emphasized that ANSES's administrative acts are presumed legitimate and can't be suspended except by express provision to the contrary. "The likelihood of the right must be manifest; an exhaustive analysis that anticipates the final decision is inappropriate," stated Judge Alonso Candis, citing case law from the Federal Social Security Court of Appeals.
Familia Kirchner de luto.
In her decision, the magistrate also recalled that the Penal Code provides for the suspension of retirements or pensions for those convicted with criminal disqualification, except in cases where there are family members entitled to the benefit, a situation that doesn't apply to the former president.
The judicial decision reinforces the position of ANSES, led by Fernando Bearzi, and the Ministry of Human Capital, headed by Sandra Pettovello, in their policy of eliminating irregular benefits and recovering public funds. Following the ruling, the agency will proceed with the formal claim for Cristina Kirchner to return the amounts improperly received, a sum estimated at around $1,000 million.
