Revealing the deficiencies in the counterproductive legislative decree that regulates the interdiction of illegal mining throughout the Republic and establishes complementary measures (Legislative Decree No. 1100)
DOI:
https://doi.org/10.15381/lucerna.n5.26697Keywords:
illegal mining, confiscation, Constitution, constitutional rights, injusticeAbstract
This article questions Legislative Decree No. 1100, which is a legal tool that constitutes a candid and innocent attempt to fight against illegal mining in our country, an evil that has been plaguing Peru for several decades, from an environmental, health, and economic point of view, which puts the future of our country at clear risk. However, it is considered that severity is not the same as effectiveness, and unfortunately, this norm, in addition to not being effective in terms of its purpose, is unconstitutional, harmful and counterproductive, since it is a potential source of unfair punishments for honest businessmen, benefiting to the dishonest, who find greater justification for minimizing their responsibility by “blundering” with the honest, which totally discourages legal business activity, so urgent in our country.
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Copyright (c) 2023 José Torres Rivero
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