Una jueza porteña declaró inconstitucional el plazo de cinco años para que prescriban las multas

La jueza de faltas de la ciudad de Buenos Aires Karina Andrade declaró la inconstitucionalidad del plazo de cinco años de prescripción para las multas de tránsito porteñas por entender que excede el período de dos años que fija la ley nacional.

Citando diversos fallos de la Corte Suprema de Justicia, la jueza de la Ciudad concluyó que “la Legislatura local no tiene potestad para regular el plazo de prescripción en materia de faltas y que se trata de una competencia exclusiva del legislador nacional”.

Al declarar inconstitucional el artículo 15 de la ley 451 de la ciudad de Buenos Aires, Andrade fijó un antecedente que puede ser tomado por otros magistrados e incluso por tribunales superiores.

La causa se originó en tres actas de infracción sobre un auto Porsche, modelo Cayenne S, por no respetar la senda peatonal, por exceso de velocidad y por estacionamiento prohibido.

Condenado a pagar 650 mil unidades fijas por estas infracciones, el dueño del vehículo recurrió el pago de las multas por considerar que las tres estaban prescritas, de acuerdo a lo que establece la normativa nacional.

En concreto, el abogado del dueño del Porsch, Nicolás Manarino, planteó que el artículo 15 de la ley 451 no puede contradecir lo expresamente establecido en el artículo 65 del Código Penal.

“De tenerse por válido el plazo de prescripción de cinco años establecido por el Código de Faltas, se estaría habilitando que las legislaturas locales establecieran plazos de prescripción distintos a los sancionados por el Congreso Nacional”, cuestionó Manarino.

Efectivamente el artículo 15 establece un plazo de prescripción de cinco años mientras que el artículo 65 del Código Penal, que detalla las prescripciones, dice en su inciso cuarto: “La de multa, a los dos años”.

El fallo de diez páginas, firmado a finales de mayo pero conocido hoy, recordó que la Corte Suprema considera como penales a las multas de tránsito porque, “en vez de tener carácter resarcitorio del posible daño causado, tienden a prevenir y reprimir la violación de las pertinentes disposiciones legales”.

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