Ahora la Cámara sostiene que el “Cera” no se traslada

El Gobierno porteño sufre el rechazo de su apelación al fallo de primera instancia que fue refrendado por el juez Guillermo Scheibler durante la feria judicial del pasado enero, ordenando la suspensión del traslado.

(VER:  http://www.periodicodesdeboedo.com.ar/la-cera-no-se-va/ )

(“El Cera”: Escuela de Cerámica n.º 1 sita en Bulnes 45, Almagro)

 

La Sala III de la Cámara en lo Contencioso, Administrativo y Tributario resolvió por mayoría no hacer lugar al recurso de apelación del GCBA y confirmar la resolución que suspendió el traslado de la Escuela de Cerámica n°.1 ubicada en el barrio porteño de Almagro. Todo ello en el marco de la causa “Unión de Trabajadores de la Educación Capital y Otros contra GCBA sobre Incidente de Apelación – Amparo – Educación – Temas Edilicios”, Expte. 74519/2018-1.

Ciudad de Buenos Aires, 1º de marzo de 2019.

VISTOS: el recurso de apelación deducido por el Gobierno de la Ciudad de Buenos Aires (GCBA) a fs. 528/539 vta. contra la resolución de fs. 514/519 vta. y;

CONSIDERANDO:

 EL DR. HUGO ZULETA DIJO:

  1. El juez de feria concedió la medida cautelar solicitada por la Dra. Mabel López Oliva, asesora tutelar de primera instancia, y dispuso la suspensión de los efectos de los artículos 2º, 3º y 4º de la resolución 3842/MEIGC/18 y de otra decisión que hubiere sido tomada en consecuencia.

A su vez, ordenó al GCBA que se abstuviera de materializar el traslado de la Escuela de Cerámica Nº 1 al edificio de la avenida Juan Bautista Alberdi 4139 de esta Ciudad (fs. 514/519 vta.).

……………………….

El camarista, Hugo Zuleta, consideró en su voto que

“de la documentación citada, aportada por el GCBA, resulta evidente que el traslado del bachillerato –decisión que prima facie afectaría derechos subjetivos de toda una comunidad educativa– fue resuelto, tal como lo señaló el juez de grado, sin la participación previa de la comunidad educativa”. 

…………….

 “el derecho a la participación implica que su ejercicio debe ser garantizado con anterioridad a la toma de las decisiones. Es decir, los interesados deben tener la posibilidad concreta de ser escuchados con carácter previo para que la eventual decisión a arribarse pueda tenerlos en cuenta”.

“el traslado dispuesto a otro barrio –a más de 70 cuadras de distancia– una vez finalizada la inscripción para el ciclo 2019 y habiendo ofrecido el bachillerato en la sede de Bulnes 45 puede considerarse intempestivo“, más aún considerando que el reclamo originario de la comunidad educativa era por la ampliación del edificio.

El juez Esteban Centanaro, quien actualmente preside la Cámara, adhirió con su voto y en sus fundamentos reiteró que la decisión del traslado

“fue tomada luego de que los ingresantes a primer año se hubieran inscripto para cursar el bachillerato en la calle Bulnes 45”. Y por tanto, subrayó que “ante la inminencia del comienzo del ciclo lectivo, (…) resulta conveniente confirmar la resolución impugnada, y, en consecuencia, mantener la suspensión del traslado.

Por su parte, la titular de la Sala III, Gabriela Seijas consideró en su voto en disidencia, que

en el marco de las políticas públicas en materia escolar, entre adolescentes y adultos no existe una relación de igualdad, porque hay responsabilidades que los adultos no pueden delegar”. Y analizó que “más allá de la decisión cautelar no es el marco adecuado para evaluar esas mejoras, ‘prima facie’ lo relativo a las razones tenidas en cuenta por las autoridades para mudar el colegio, esto es, el estado de las instalaciones y la conveniencia de contar con mayor superficie, no ha sido desvirtuado”. (…) “la falta de consenso no implica necesariamente falta de legalidad de la decisión adoptada”.

 

 

Información suministrada por el Consejo de la Magistratura de la Ciudad Autónoma de Buenos Aires | Departamento de Información Judicial | a través de su página web  iJudicial

Cámara de apelaciones en lo CAYT – Sala III Secretaría única / Unión de Trabajadores de la Educación Capital y otros contra GCBA sobre incidente de apelación – amparo – Educación-temas edilicios / Número: INC 74519/2018-1 / CUIJ: INC J-01-00117111-5/2018-1 / Actuación Nro: 12730302/2019

 

 

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