Milei's government has anticipated that it is going to file a federal appeal to stop the measure
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Despite the historic conviction in the Vialidad case, the Federal Chamber of Social Security decided to suspend the effects of Javier Milei's Government measure that had ordered the termination of the lifetime pension that the convicted Cristina Fernández de Kirchner received as Néstor's widow.
The decision was adopted by Chamber III of the social security court within the framework of the case "Fernández Cristina Elisabet v. ANSES re Nullity of administrative act". The ruling partially upheld the appeal filed against the first-instance rejection of a precautionary measure requested by the former president.
Judge Sebastián Russo, whose vote led the agreement, maintained that the necessary requirements to grant precautionary protection had been met. In his analysis, he stated that it was appropriate to grant "prevalence to the subsistence nature of the right whose protection is sought and to the situation of lack of protection in which the plaintiff is placed as a consequence of the decision adopted by the agency".
Con los dedos en V.
The suspended resolution is 2024-1092-ANSES, through which the social security agency had ordered the termination of the benefit of lifetime monthly allowance No. 40-5-8085213-0, granted to Cristina Fernández de Kirchner in her capacity as "beneficiary by succession" of the former president who died in 2010.
In the grounds of the ruling, Russo indicated that "the challenged administrative act doesn't show, at this initial stage, a clear and sufficient causal link between the reasons invoked and the termination of the pension benefit whose reinstatement is sought". However, he clarified that this issue must be examined in greater depth at the time of deciding the merits of the dispute.
Regarding the danger in delay, another of the requirements for issuing the precautionary measure, the judge pointed out, in his view, that "the suspension of the benefit deprives the plaintiff of income of a subsistence nature, a circumstance that is suitable to generate a current harm that will be difficult to repair later". With that argument, he considered it appropriate to issue a measure that would preventively suspend the effects of the termination.
La corrupta y condenada Cristina Kirchner.
The precautionary measure was requested after, at the end of 2024, Milei's Government decided to terminate two benefits that the former president received: the pension as Néstor Kirchner's widow and the lifetime monthly allowance corresponding to her service as President of the Nation. That decision was made after the confirmation of her sentence to six years in prison in the case known as Vialidad.
After the court decision became known, the Ministry of Human Capital, headed by Sandra Pettovello, announced that they will file an extraordinary federal appeal through the Legal team of the National Social Security Administration with the aim of blocking the measure and maintaining the removal of the benefit while the main proceedings are underway.
