La CSJN determinó que la acción resarcitoria de los daños derivados de delitos de lesa humanidad no es imprescriptible

La actora promovió demanda contra el Estado Nacional para reclamar el resarcimiento de los daños y perjuicios sufridos como consecuencia de la desaparición de su hijo y de su nuera, ocurrida en el año 1977. El Estado Nacional planteó –entre otras- la excepción de prescripción de la acción y pidió el rechazo de la demanda. El tratamiento de la citada excepción fue diferido al momento del dictado de la sentencia de fondo.

La cuestión a dilucidar se centra en analizar si la imprescriptibilidad de las acciones penales derivadas de delitos de lesa humanidad resulta o no extensible al ámbito de la prescripción de la acción resarcitoria de daños derivados de tales delitos.

La Cámara Federal de apelaciones de La Plata rechazó el planteo de prescripción por considerar que el instituto de la prescripción no sería aplicable a acciones indemnizatorias por daños derivados de delitos de lesa humanidad, dado que estos son imprescriptibles desde la óptica penal. Subsidiariamente, sostuvo que tampoco sería factible el cómputo de un plazo de prescripción debido al carácter de delito permanente de la desaparición forzada de personas, carácter que no cesaría con la declaración de ausencia con presunción de fallecimiento, toda vez que esta sería una ficción jurídica.

Respecto del primer argumento sostenido por la Cámara, la Corte lo rechazó aplicando la doctrina del precedente “Larrabeiti Yañez” (Fallos: 330:4592) en tanto que la acción para reclamar el resarcimiento patrimonial atañe a materia disponible y renunciable, mientras que la imprescriptibilidad de la acción de los delitos de lesa humanidad se funda en la necesidad de que los crímenes de esa naturaleza no queden impunes, es decir, en razones que exceden el interés patrimonial de los particulares afectados. En un caso está en juego el interés patrimonial exclusivo de los reclamantes, mientras que en el otro está comprometido el interés de la comunidad internacional, de la que Argentina es parte, en que tales delitos no queden impunes, lo que impide cualquier asimilación de ambos tipos de casos y, por lo tanto, que se declare la imprescriptibilidad de las acciones de daños como la aquí intentada.

La Corte agregó que no existen normas en el derecho argentino que resulte de aplicación a los hechos que originaron el relamo y establezcan la imprescriptibilidad de las acciones indemnizatorias por daños derivados de delitos de lesa humanidad. Así tampoco normas internacionales que así lo establezcan.

En relación al argumento subsidiario utilizado por la Cámara expresó que también resulta inadmisible. El delito de desaparición forzada de personas tiene carácter permanente y, en base a ello, el punto de arranque del curso de la prescripción puede situarse –entre otras posibilidades- en la fecha en que, mediante una sentencia judicial, se determine el fallecimiento presunto de la víctima del delito.

La Corte Suprema revocó el fallo apelado, con costas en el orden causado.

Villamil Amelia Ana c/Estado Nacional s/daños y perjuicios, CSJN, 28/03/17

 

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