“Procesos políticamente expuestos”: La falta de garantías judiciales en el juzgamiento a figuras políticas y el descreimiento social en los tribunales

Abstract

This paper analyzes different aspects related to the role of the courts in the trial of high-ranking political figures, in what will be called politically exposed processes. It will be shown that in order for judicial decisions to have sufficient legitimacy to be accepted by those who disagree with the outcome, it is crucial to have transparent judicial processes that respect the guarantees of due process. The duty of impartiality of judges, the guarantee of the natural judge and the issue of equality in the process will be discussed. Issues related to confidentiality in the attorney-client relationship in these cases will also be discussed, as well as the guarantees that must be respected in order to maintain the essential content of the right to privacy unscathed. These aspects are of utmost relevance since the politicization of the courts is often evidenced by the violation of functional duties. At the same time, an attempt will be made to show cases of the recent Latin American reality to exemplify the points made.