En un caso de discriminación por redes sociales determinan la competencia del fuero penal y contravencional CABA

SÍNTESIS.- En el marco de la contienda negativa de competencia suscitada entre un juzgado en lo Penal, Contravencional y de Faltas de la Cuidad de Buenos Aires y un juzgado de Garantías de La Matanza, Provincia de Buenos Aires, a raíz de una causa iniciada por la denuncia de una persona con síndrome de Asperger que resultó víctima de publicaciones agraviantes y discriminatorias por parte de un grupo de Facebook con el que había mantenido una discusión y que, además, le habría editado mediante un sistema de foto shop algunas de las fotografías que publicó en su página, ridiculizándolo también en sentido degradante, determina que continúe entendiendo el primero por haber sido quien previno en la investigación, encuadrada en la Ley Antidiscriminación. Advierte que con base en la calificación que realizó el juez de la Cuidad de Buenos Aires, en orden a las figuras de hostigamiento y discriminación (arts. 52 y 65, Código Contravencional CABA), asumió el conocimiento de la causa y dispuso medidas tendientes a averiguar la ubicación e identificación del usuario de la red social correspondiente al perfil del grupo virtual aportado por el damnificado, pero luego declinó la competencia sin concluir ese trámite y sin que se hubiese producido ninguna circunstancia que justificara dejarla de lado.

“N. N. s/ infracción art. 3º, ley 23.592, CSJN, 29/11/2016”

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Fuente: Sistema Argentino de Información Jurídica

32 comentarios de “En un caso de discriminación por redes sociales determinan la competencia del fuero penal y contravencional CABA

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