«Una justicia sorda, ciega y muda», Esther Vivas

A la Señora Justicia se le han descompensado tanto las balanzas que finalmente se le han roto. Ni equidad ni imparcialidad ni acceso universal. Olvídense del artículo 24 de la Carta Magna que dice: “Todas las personas tienen derecho a obtener la tutela efectiva de los jueces y tribunales en el ejercicio de sus derechos e intereses legítimos, sin que, en ningún caso, pueda producirse indefensión”. Los derechos, tristemente, han pasado a la historia. Y la Justicia se ha quedado sorda, ciega y muda como los tres monos sabios chinos que se negaban a escuchar, ver y decir maldades.

El copago judicial ya está aquí. Este lunes han entrado en vigor las tasas judiciales. A partir de ahora, todos aquellos que tengamos que hacer uso de la justicia nos veremos obligados a pagar, o volver a pagar aquello que previamente ya hemos abonado mediante impuestos. Pero, ¿vamos a poder con tanto copago? Que si copago en sanidad, que si copago en justicia… y parece que tarde o temprano llegará el copago educativo. Pero la realidad es que cada vez cobramos menos, si es que cobramos, y pagamos más. Echen cuentas.

Y no sólo ahora nos toca pagar a todos sino que, además, las tasas, que antes únicamente abonaban las empresas con más de ocho millones al año de facturación, se duplican. ¿Cuánto nos costará tener acceso a la justicia? Entre 100 y 1200 euros más una parte variable en función de la cuantía del pleito, que puede hacer aumentar, y mucho, el total. Así, una persona mayor que haya sido estafada con las preferentes y quiera reclamar al banco sus ahorros de, por ejemplo, 128 mil euros, si no prospera la vía penal y tiene que acudir a la civil, deberá pagar 940 euros.

La situación llega al absurdo, por no decir al “robo”, cuando por querer interponer una demanda contra la Administración por una multa de tráfico de 100 euros tengas que desembolsar 200. Y si la sentencia es adversa y quieres recurrir al Tribunal Superior entonces la cifra aumenta a 800. ¿Y si te despiden? A pagar. El recurso de un trabajador contra una sentencia de despido ante el Tribunal Superior costará 200 euros y ante el Supremo 300.

Las tasas actuales perjudican especialmente a las mujeres maltratadas, ya que, aunque la demanda por malos tratos no implica el pago de tasas, es necesario abonar 300 euros, más la variable del 0,5% de los bienes que se reclamen, para pedir el divorcio. Si ya teníamos dudas de que la justicia fuese igual para todos, ahora es obvio de que no lo es. La justicia ha dejado de ser un derecho para convertirse en un privilegio accesible sólo a quienes se lo pueden costear.

La polémica desatada por las tasas judiciales se suma a un malestar creciente dentro y fuera de la judicatura, por asuntos como el caso Dívar, que llevó a la dimisión, después de intensas presiones, al presidente del Consejo General del Poder Judicial y del Tribunal Supremo tras el escándalo por sus numerosos y cuantiosos viajes privados a cargo del erario público. Un caso que generó la mayor crisis en la historia del Consejo General del Poder Judicial, el máximo órgano de gobierno de los jueces en el Estado español, y que, por cierto, quedó impune ante la ley. No hay que perder de vista, recordémoslo, que si en un ámbito del Estado pesa como una losa la herencia del franquismo éste es el aparato judicial, reducto de la derecha reaccionaria y exponente de la continuidad entre el régimen anterior y el presente.

La política de indultos del gobierno español, ya sea del PP o del PSOE, se caracteriza por otorgar la medida de gracia principalmente a personas relacionadas con la administración pública, funcionarios y policías, o lo que es lo mismo, políticos ladrones, cargos de confianza corruptos y policías torturadores. Un claro y reciente ejemplo: 16 febrero de 2012, el Consejo de Ministros indulta a varios Mossos d’Esquadra condenados hasta cuatro años y seis meses de prisión por torturas, al amenazar de muerte a un detenido, pisarle la cabeza e introducirle una pistola en la boca, al más puro estilo Tarantino. Mayo de 2012, la Audiencia de Barcelona, en una medida atípica, ordena la ejecución de la condena y señala que de indultarse de nuevo sería “fraude de ley”. 23 de noviembre de 2012, el Consejo de Ministros indulta por segunda vez a los agentes. Impunidad y menosprecio. Más de 200 jueces firmaron en contra y señalaron que dicha acción atentaba contra el Estado de derecho.

Jueces, fiscales, abogados, usuarios… se levantan ahora en pie de guerra contra el ministro Alberto Ruiz-Gallardón. Sobran los motivos. En Catalunya, sin embargo, hay quienes esta misma semana cumplen un año luchando por la justicia en la Ciudad de la (In)Justicia. Se trata de la Asamblea de trabajadoras y trabajadores de la Ciudad de la Justicia que en diciembre de 2011 empezaron a organizarse contra la precariedad, los recortes y la liberalización del sistema judicial que afecta al conjunto de la ciudadanía. Desde entonces, no han parado: cortes de la Gran Vía, ocupaciones del vestíbulo de la Ciudad de la Justicia, coordinación con otros movimientos sociales, performances, despliegue de pancartas, charlas, participación en la Coordinadora Laboral del 15M, caceroladas y hasta un “juicio popular” a la justicia. Como dicen ellos: “Basta de recortes, sumemos luchas”.

Y acabo el artículo citando una de sus performances que, emulando los anuncios de megafonía del metro de Barcelona, dice: “Aviso a toda la población. ¡Precaución! Los carteristas de Convergència i Unió y el Partido Popular esperan una distracción para llevarse lo que es suyo: la nómina, los días personales, la paga de Navidad, su puesto de trabajo, su salud, su educación y su libertad. Así que organícese y luche, porque le están robando sus derechos, le están robando la vida”. Tomen buena nota.

Fonte: http://esthervivas.com/2012/12/19/una-justicia-sorda-ciega-y-muda/

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