The arguments of the Executive against the controversial Gag Law Constitutional Court Question politics



The Constitutional Court (TC) made Friday the public hearing where the unconstitutionality lawsuits against the law that the state advertising in private media, known as the "Gag Law".

During the session, the lawsuits were filed by the lawmakers of Peruvians Por el Kambio (PpK) and by the executive. Members of Congress Gilbert Violeta and Patricia Donayre defended the position of the government which, as people remember, have respected this norm, but the Congress, the Fujimorean majority, has approved it despite insistence.

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The Executive argues that, as "substantive reasons", theGag Law& # 39; Violates the right of people to receive information and the duty of the state to inform citizens. Moreover, it violates freedom of expression, violates the freedom to conclude contracts for lawful purposes and the legal principle in criminal matters.

"It is absolutely and openly unconstitutional, it affects the rights of citizens in all extremes. […] It affects Article 13 (3) of the American Convention on Human Rights, "emphasizes Violeta.

"This norm is the materialization of a Congress President Luis Galarreta's threat when he said that they were going to take action against what he called the" mermaid press "as a result of finding a critical press, & # 39; he remembered.

The Executive also notes that this law is being promoted by the Aprista Mauricio Mulder was born from a bill "without arguments and lack of statements by ordinary committees" of the Congress. Moreover, before it was observed by the executive, it was only debated and voted by the permanent committee.

As mentioned, the legislative proposal was not referred to the Constitution Committee for analysis and was only discussed in plenary when the Congress insisted on approval. Both facts are "reasons of form" which, according to the Executive, the TC must consider.

"There is a bias in the legislative procedure There was no objective and reasonable justification for this mechanism of exemption from commissions, publication on the Congress website, which has become a constant rather than an exception," said Donayre.

The congressmen remembered that with the & # 39;Gag Law& # 39 ;, All public entities, including private and special regimes, as well as state-owned enterprises, local authorities and regional governments can only advertise in state media. In this respect, they considered that this would leave huge gaps in the right of access to information that the population has in every corner of the country.

The full TC left these unconstitutional cases to the vote and the case would be resolved within a period of 30 days by the magistrates Ernesto Blume (president), Carlos Ramos, José Luis Sardón, Marianella Ledesma, Eloy Espinosa-Saldaña, Augusto Ferrero Costa and Manuel Miranda


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