The Supreme Federal Court with its five judges administers justice
and is also the Court of Appeal. Trial by jury appears in the
Constitution but it is never practised. The administration of justice
has long been acknowledged to be in an unsatisfactory state and
attempts to improve it have not borne much fruit. Cases are known in
which Englishmen have been kept twelve months in prison awaiting
trial, and if this is the case with foreigners it may be supposed that
natives have much cause for complaint. In his last Message to Congress
(May, 1909) the President, while paying a tribute to "the patriotic
diligence of our magistrates," remarked that the ordinary Courts of
Justice of the capital still leave something to be desired as regards
rapidity of action, and he attributes the delay to the fact that the
population has outgrown the system, which, he said, "is too cramped to
cope with the demands on it, and I think there is urgent and imperious
need for reform if we desire to avert a permanent cause for complaint
and discredit." Undoubtedly the foreign man of business, whose capital
and enterprise is essential to the development of Argentina, will be
more deterred by defects in the administration of justice than any
other circumstance, for if there is the probability of pecuniary loss
in civil cases and discomfort and persecution for his subordinates in
the criminal Courts, the advantages of the country as a field for
capital must be seriously discounted. It is, however, in far-away,
scantily populated districts where the hard cases occur, but it is
generally acknowledged that there is considerable room for improvement
in the administration of justice.
Public-domain text, read in full here on John Shaqi.
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