Justice and Human Rights Commission
The Justice and Human Rights Commission, chaired by Congressman Américo Gonza Castillo (PL) approved by majority the opinion that “guarantees and protects the continuity of the relationship of the children with the parent and implements the National Registry of Parents, who fail to comply and obstruct the regime of visits and/or possession in favor of the minor”.
The initiative is based on bills 896/2021, 1090/2021 and 2793/2022, and establishes that the “visiting regime is a right granted to the parent who does not exercise custody, precisely this right is granted so as not to violate the parent-child relationship, after a separation or divorce of a couple.
This, because “there are many parents who obstruct, impede and limit this right.”
In accordance with the explanatory statement of the proposal, our “current legislation contemplates that in the event of non-compliance with the visitation regime, there is a change in possession.”
To this, it continues, “it should be noted that the affectation, difficulty, impediment and obstruction to adequately carry out the visitation regime granted by judicial resolution or by conciliation causes damage to minors such as sadness, depression, lack of sleep, etc., and there is also damage that is more severe in the psychological sphere (…)”.
The vote registered nine in favour, one against and three abstentions.
Immediately, the members of this working group approved, also by majority, the opinion required by a competent body for the closure, removal or demolition of buildings that contravene the rules, regulations and ordinances.
The opinion is based on bill 1173/2021, and proposes to modify law 27972, Organic Law of municipalities, regarding closure, removal or demolition, and modifies Law 26979 on Coercive Execution Procedures.
During the support, it was established that, by virtue of the principle of territoriality, the proposal seeks that the justice of the peace assume jurisdiction and that the Specialized Civil Judge of the place where the property is located continue to exercise jurisdiction, an aspect that would affect the effectiveness of the measure.
It specifies that the requests for demolition authorization are being processed before judges specialized in civil matters, who would have an abundant procedural burden, which makes it impossible for them to act promptly in the face of the need for authorization of demolitions.
The ruling contains two articles and two Final Complementary Provisions.
Likewise, the executor requests the justice of the peace lawyer of the constituency where the property or building that does not comply with the legal norms, regulations and municipal ordinances is located, the annotation of the demolition order in the heading of the affected immovable property, the latter having to officiate at public records, under responsibility.”
He obtained thirteen votes in favor, zero against and one abstention.
Subsequently, the ruling handed down in bill 3575/2022, a Law that strengthens the rights of persons with disabilities, establishing protocols for investigation and administration of justice during criminal proceedings at all stages, with guidelines relating to rights, was not approved. accessibility, dignity, freedom, integrity and recognition of equal rights.
The prediction was supported by six votes in favour, seven against and zero abstentions. So it went to the archive.
RECONSIDERATION
In this session, the request for reconsideration by Congressman Hernando Guerra García Campos was also reported on the vote on the opinion that modifies the Penal Code and Legislative Decree 1350, regarding the expulsion of foreigners, approved in the Seventh Extraordinary Session of the Commission on March 14, 2023.
The replacement text, which was approved in the previous session, is based on bills 621/2021, 1554/2021, 2811/2022-PE, 4264/2022 and 4376/2022. In accordance with Guerra García’s request, the head of the commission agreed to postpone the reconsideration until the next session, in order to reach a consensus.
LIFT
Congresswoman Katy Ugarte Mamani (NoA) supported Bill 3728/2022, which proposes the “Law that incorporates literal e) to numeral 9 of article 2 of the new Criminal Procedure Code, to establish the inadmissibility of the principle of opportunity and agreement reparation when the defendant is denounced for violence against women and members of the family group”.