Carlos Nayi, 63, is married and has seven children. He is the founder of one of the most important Legal Studies in the country, with four books to his credit and hundreds of published works related to his specialty as a criminal lawyer, he is a man of consultation in the most relevant legal cases in his native Córdoba and in different provinces. On this occasion he gives his opinion and analyzes different issues related to his profession.
Do we have an independent Judiciary in Argentina, with the necessary strength to combat corruption?
In our country power has often been built from corruption and the dangerous game of accumulation of power is the central axis of corruption, a scourge that violates the laws of a nation, compromises the future of a republic and offends God. Unfortunately Argentina is a pendulum, everything changes quickly, even the dominant collective morality and if Justice is the axis around which the entire social system revolves, the non-negotiable slogan that must be raised to combat it is “Zero tolerance threshold for this enemy which represents an attack on the democratic order.”
Can justice be democratized?
The democratization of justice is unconstitutional. Since the republican form of government has been adopted in our country, the Judiciary has been assigned the character of an independent state power, an ingredient without which law, republic or democracy cannot be built. From the august mission that each judicial operator develops, not popularity, but prestige must be built day by day, protecting honest and legalistic judges and prosecutors in accordance with the mandate of art. 8.1 of the American Convention. If we stray from this path, the transparency of judicial processes ends up being shattered.
What is the concept that society has of Justice?
After 38 years of democracy, currently the dominant feeling is one of social distrust regarding the task of the Judiciary in resolving daily conflicts, more than enough reason to work tirelessly to reverse the social discredit of justice. It is that the ordinary man when he observes the dynamics of the processes linked to acts of corruption and the treatment that is given to him, ends up invaded by a feeling of derealization that is torn between beliefs, disbeliefs and counter-beliefs.
What is your opinion regarding magistrates who, suspected of committing serious crimes, are still in office administering justice, sheathed in recursive strategies that extend over the years?
The good conduct of every magistrate from the empirical is an essential condition to carry out his position. From the Constitution of 1853 through art. 96, a concept has been adopted that has become a new paradigm that remains intact in art. 91 of the 1949 Constitution and finally in the 1994 reform through its art. 110: “The judges of the Supreme Court and of the lower courts of the Nation will keep their jobs while good conduct lasts…” Good conduct is part of the moral duty that every member of the Judiciary must maintain in order to be entitled to the guarantee of tenure . Each magistrate, unlike any other citizen, should be required a plus in the observance of good behavior both in public and in private. It is not enough to be suitable, you must also be honest to establish credibility.
Do we have an obedient and fearful Justice of the Power of the day?
In my Mediterranean Córdoba there is no inbred judicial structure that feeds on family, friends and complicity to define conflicts. We must move away from the idea that justice, as it was once said, is like a loose-headed woman who runs after someone who rattles her spurs.
Justice must survive political changes while maintaining functional independence and criteria, maintaining a consubstantial relationship with the noble principles that inspire the law linked to the need to protect the life, liberty and heritage of each citizen.
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