Failure against the law cork

The Court of appeal in Contentious the Administrative Federal declared yesterday the unconstitutionality of the law cork by means of which the Government tried to restrain the exit of immobilized banking deposits by the corralito.

The questioned law "is sustained in the necessity to defend the financial system without warning that, to maintain a system based on the confidence, part of the destruction of that confidence, because all the existing rules are modified", judges Maria were indicated in their resolution Ines Garzón de Conte Grand, Jorge Damarco and Marta Herrera, members of Room II of the Camera.

The judges sent themselves please on the questioned norm when failing in Marcelo Grimberg, who demanded the payment of 50% of USS 45,000 which she placed in a savings bank of the BankBoston, and that needs to study outside the country.

Besides to benefit the depositor, the uprising of the Camera will seat jurisprudence against the law cork if finally the resolution of Room II is confirmed by the Supreme Court

The norm, sanctioned under number 25,578, prohibits to the Judicial Power, in its article first, to order the payment of deposits retained by the corralito until as much does not exist firm sentence in the demand promoted by the ahorrista that formulates the reclamation. When analyzing the case of Grimberg, the judges of Room II reviewed the reaches of the law and concluded that the norm is inconstitucional. In their resolution, the judges remembered that the law returned "not only difficult but impossible" the return of bottoms to the depositors.