The Ministry of Human Capital, through the National Administration of Social Security (ANSES), has recently made two significant decisions regarding former president Cristina Fernández de Kirchner and former vice president Amado Boudou. These resolutions aim to restrict access to economic benefits considered as "privileges" for former heads of state and former officials convicted of crimes against public administration.
In the case of Cristina Fernández de Kirchner, ANSES has rejected the appeal filed by the former president in an attempt to annul the resolution that eliminated her two lifetime pensions. These pensions, which Fernández de Kirchner received as a former president and as the widow of Néstor Kirchner, were revoked following her final conviction for crimes against public administration.
Meanwhile, in Amado Boudou's case, ANSES also rejected his appeal to maintain his lifetime pension after the Supreme Court ratified his conviction in December 2020. Boudou allegedly received around 400 million pesos improperly from December 2020 until November 2023, when his pension was terminated.
ANSES will initiate legal actions to recover the amounts improperly received, arguing that Boudou did not meet the requirements of "honorability, merit, and good performance" to access the benefit. Boudou has described ANSES's decision as "arbitrary" and a violation of the right to defense and the separation of powers.
These resolutions set a precedent regarding the restrictive interpretation of privileges granted to former heads of state and former officials. ANSES has emphasized that access to these benefits depends not only on holding the position but also on honorable and dignified conduct during and after their management.
Additionally, it is mentioned that Cristina Fernández de Kirchner could face criminal charges for improperly receiving the "austral zone" benefit, as she received this benefit by establishing residence in Río Gallegos while residing in the Autonomous City of Buenos Aires. For his part, Boudou was convicted in the Ciccone case, a corruption situation related to the irregular purchase of a banknote printing company during his time as vice president.
