El Estado Profundo (parte 2)

La versión contemporánea de los viejos golpes de Estado es la confluencia de distintos cuerpos estatales (jueces, fuerzas de orden, servicios de seguridad del Estado, FF.AA.), con ciertos medios de comunicación. Ejemplos de su acción resultan variados, y, en todos los casos, el sistema judicial ha tenido un papel central. Su acción se conoce como lawfare, y alude a la acción mañosa e interesada del sistema judicial en la lucha política.

Patricio Escobar

La tecnocracia

Con el paso de los años, el proceso democrático ha ido separando dos ámbitos en el quehacer de lo público: lo que corresponde al gobierno (poder ejecutivo), propiamente, y aquello relacionado con el Estado. En el primer ámbito, se produce una pugna constante entre la tecnocracia y los decisores políticos, mientras que el segundo es un ámbito de creciente control tecnocrático.

La gestión del gobierno, que consiste en la ejecución de un programa político que la ciudadanía ha apoyado en las urnas, se expresa en la actividad de ministros, viceministros y altos jefes de servicios. Sin embargo, a medida que se baja en la jerarquía organizacional del Estado, los cargos comienzan a ser ocupados por técnicos.

El ámbito del Estado, es decir, el conjunto de instituciones distintas al poder ejecutivo, es un campo en que la profesionalización ha resultado mucho más pronunciada. Más allá de las funciones especializadas, como puede ser la tarea de un juez o de un militar, existen campos y jerarquías que se han vuelto permanentes. Nuevamente, los consejos autónomos son el mejor ejemplo.

En conjunto forman un cuerpo que adquiere una cuasi conciencia de clase. Este concepto alude a una condición, en la cual un grupo social conforma una identidad propia, identifica sus intereses y desarrolla acciones en defensa de esos intereses. Para ese efecto, utiliza sus ámbitos de actividad. Es lo que podemos denominar como el Estado Profundo.

El problema se hace evidente cuando el sistema político busca materializar estrategias programáticas que responden a decisiones democráticas de la ciudadanía, pero que ese Estado profundo no comparte. Este impase no es nuevo; de hecho, la historia del golpismo latinoamericano es un ancestro directo de este fenómeno. En este caso, una parte del Estado (las FF.AA.), se erige como encarnación del porvenir y defensa de la nación, por encima de las veleidades de la democracia. La ciudadanía se equivoca a veces, pero no importa, porque hay un cuerpo capaz de corregirla.

Viejas y nuevas formas de intervención

La versión contemporánea de los viejos golpes de Estado es la confluencia de distintos cuerpos estatales (jueces, fuerzas de orden, servicios de seguridad del Estado, FF.AA.), con ciertos medios de comunicación. Ejemplos de su acción resultan variados, y, en todos los casos, el sistema judicial ha tenido un papel central. Su acción se conoce como lawfare, y alude a la acción mañosa e interesada del sistema judicial en la lucha política.

En Latinoamérica, tenemos el caso de Manuel Zelaya en Honduras, derrocado en 2009 mediante distintas acciones de este dispositivo del Estado, aliado a la oposición en el Congreso. Fernando Lugo, en Paraguay, corrió la misma suerte en 2012. En 2016, Dilma Rouself fue destituía por el Senado brasileño y al año siguiente, dentro de la misma investigación, fue condenado el expresidente Luiz Inácio “Lula” da Silva. Esto último, con el fin de evitar que pudiera competir en las elecciones de 2018 contra Jair Bolsonaro. A la postre, todas las acusaciones contra Dilma y Lula fueron desechadas, y el juez que los persiguió, Sergio Moro, convertido en ministro de Justicia de Bolsonaro, acabó huyendo a Miami para evitar el proceso legal en su contra por prevaricación.

Si en América Latina el Estado profundo da lugar a una nueva y remozada forma de golpismo, en España posee una expresión más sofisticada, que le permite “evitar” que los gobiernos (central o autonómicos) cometan “errores” que luego obliguen a correcciones poco elegantes.

Los casos son variados, pero destacan los de Arnaldo Otegui y BETERAGUNE, Pablo Iglesias y PODEMOS, y el proceso al independentismo catalán. En el primer caso, el independentismo vasco intentó levantar una alternativa política distinta y separada de ETA, pero el año 2012 sus dirigentes fueron detenidos y condenados, por pertenencia a una organización terrorista, a seis años y medio de cárcel. A pesar que el Tribunal Europeo de DD.HH. dictaminó que el juicio no había sido imparcial, tuvieron que cumplir la condena íntegra y luego la inhabilitación. Esto abortó una temprana salida pactada al conflicto vasco, que perjudicaba a la derecha, electoralmente.

En 2016, a veintitrés días de las elecciones en que las encuestas auguraban que PODEMOS superaría al PSOE, rompiendo el bipartidismo imperante, apareció un informe que señalaba que el partido de Iglesias era financiado por Irán. La noticia fue publicada por un medio digital de ultraderecha y reproducida por la prensa escrita, mientras que la autoría del informe se adjudicaba a los servicios de seguridad del Estado (los que en ningún momento lo desmintieron). Con esa información, la Fiscalía llevó el caso al Tribunal de Cuentas, a la Audiencia Nacional y al Tribunal Supremo, en contra de los dirigentes de PODEMOS. Todas las instancias judiciales se tomaron su tiempo para analizar el caso, mientras en las tertulias de la televisión se orquestaba un antejuicio mediático. Pasadas las elecciones, las denuncias fueron archivadas en tanto no tenían sustento alguno y el informe aludido en las denuncias no exhibía autor reconocido. En esas elecciones PODEMOS entró al Parlamento con 69 diputados, pero no logró su objetivo de superar al PSOE.

Luego de un largo proceso en el Tribunal Constitucional, el Estatuto de Autonomía de Catalunya fue severamente recortado, respecto a lo que había aprobado el Congreso español. La derecha había perdido en la votación, pero tenía en el TC un último recurso para hacer valer. Era el año 2012, y esa sentencia inclinó la balanza hacia una salida independentista en Catalunya, superando la etapa del autonomismo. El 1 de octubre tuvo lugar el referéndum de independencia, y el Estado respondió con toda la violencia disponible, encarcelando a la mitad del gobierno catalán y empujó al exilio a la otra mitad. La tramitación del juicio estuvo plagada de faltas graves a la imparcialidad, y terminó con largas condenas. Distintos tribunales europeos, que han recibido las solicitudes de captura de los exiliados, han rechazado esa pretensión, debido a la falta de garantías de la justicia española. Hasta aquí, solo hay un sistema judicial heredero de la dictadura, con un fuerte sello conservador. Pero cuando el gobierno PSOE otorgó los indultos (prerrogativa del Ejecutivo), como parte de la negociación con Catalunya, el Tribunal Supremo se apresuró a manifestar su disconformidad. Desde entonces, se ha buscado terminar con la política de los gobiernos independentistas en Catalunya, actuando, muchas veces, de oficio o como parte de denuncias del tipo de las seguidas a PODEMOS. La constante es iniciar procesos que no tienen recorrido posible, pero que recogen y agitan medios de derecha y permiten un efecto político. La autonomía de estos aparatos de control es tal que, hace algunas semanas, al descubrirse que los políticos catalanes estaban siendo espiados por el CNI (Centro Nacional de Inteligencia), el gobierno de España, principal sospechoso, señaló desconocer del tema, pero reconoció su gravedad. Frente a estas declaraciones, el mismo CNI hizo trascender que estaba “muy disconforme” con la actitud del gobierno (¡!).

El Estado Profundo

Ciertamente, se puede manipular a la opinión pública. La aparición de los medios de comunicación inauguró una época, pero la evolución de estas prácticas, junto a los regímenes de democracia liberal, han mostrado grados de sofisticación cada vez mayores. Esto, ciertamente, afecta la calidad de las democracias, en tanto supone la manipulación y el condicionamiento de la voluntad popular.

El Estado ha cumplido una función clave en este proceso, elevando las cotas de conflicto con los poderes democráticos. Si bien, en sus inicios, necesitó recurrir con frecuencia a la fuerza para defender los “intereses permanentes de la nación” (como diría un buen golpista), con el paso de los años ha observado el fortalecimiento y profesionalización de sus cuadros, hasta el punto de haber generado una visión de sociedad y la identificación de sus intereses. El Estado Profundo es esa suma de dispositivos, algunos formales, como son los aparatos judiciales y de orden público, y otros más oscuros, como es el caso de los servicios de seguridad o los medios reproductores de climas sociales adversos a las fuerzas democráticas.

El Estado Profundo es la prueba palmaria de que las contradicciones del capitalismo son irresolubles. También, el hecho de ser el instrumento de dominación que denunciara Rosa Luxemburgo. Sin embargo, crecientemente, se mueve y prospera en el campo de lo que Gramsci llamó la sociedad civil. En todos los casos y momentos busca cumplir el objetivo de “proteger” a la sociedad de sus “errores”, que pueden hacer tambalear el orden establecido. Como SKYNET, nace para protegernos, hasta que se le acaba la paciencia.

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