The legal consultant of the Executive Power, Antonio Peraltarevealed that the bill of purchases and hirings is practically ready to be deposited on February 27, as announced by the Executive Vice President of Finjus, Servio Tulio Castaños Guzmán.
He revealed that there are many examples that certify that this law must be modified, sharing that he has received visits, such as the case of the director of Inespre, Iván Hernández Guzmán, who asked him if the purchases they make have to be submitted to a tender, because the same they did not support the process, since, for example, the products are damaged.
He said that the current law contains six sections and that it must be modified urgently, also commenting that “a law had to be made to create an exception to the purchasing and contracting law to be able to buy vaccines during the pandemic .
“The law that was approved to buy the vaccines, without which the country would not have been vaccinated, because at that time we had to beg the pharmaceutical companies to sell us vaccines,” he said, adding that, for example, the law does not He talks about syringes, but you have to tender them.
He stated that the modification project brings a series of elements that update the situation without abandoning transparency and the requirements to avoid escapes, but that makes the processes more viable.
“Reform of the Constitution is tangential”
With regard to the proposal for a series of reforms in various areas that the government has submitted to the Economic and Social Council (CES), the legal consultant of the Executive Power, Antoliano Peralta, regarding the Constitution, explained that it is not a modification per se to the Magna Carta, but several of the proposals touch the Substantive Charter.
“For example, we make a series of proposals about the judges of the Supreme Court, and among them we say that, to be a judge of the Supreme Court, one of the essential requirements is not to have had militancy or recognized political activism during the last five years. before being appointed, well… for that you have to touch the Constitution because that is not within the requirements that the Constitution establishes to be a Supreme Court judge, “explained the legal consultant.
Another example that he cited is that, in the reform to the Public Ministry, in the CNM they want to remove the attorney from the registration, but that they cannot do that without touching the Magna Carta.
“The final objective is not to modify the Constitution, but to modify the composition of the National Council of the Judiciary, that is why it is a tangential constitutional reform, small or punctual,” Peralta reiterated when being interviewed on the Reseñas program, which is hosted by journalists. Rafael Núñez and Adelaida Martínez on Saturdays at 9:00 pm on Entelevisión.
He said that some observers, including people versed in the constitutional issue, say that it is a cosmetic reform, that is, “it is a small reform, because the purpose of the Government has not been to reform the Constitution, but rather a package of reforms that are more important and more impressive than the constitutional reform itself and some of them make it essential to tangentially touch the Constitution”.
He explained that, in the case of the prosecutor, the Constitution establishes three important functions for him: to investigate and present accusations, to manage the penitentiary system and to elaborate and draw up the State’s policies against crime.
“What turns out, that to modify that there is one of those functions that is constitutional, let’s say that the function of the prison system is not essential to the modification of the Constitution, because the Magna Carta itself says that the prison system will be under the regency of the MP or any other institution created by law. But what happens, that it also has the function of elaborating policies against crime, and that is in the Constitution and a modification must be made there, “explained Peralta.
Escrow
Regarding the trust, the legal consultant of the Executive Power explained that it is a legal figure used and accepted in many parts of the world that tends to create a separate patrimony, as it is the property of a family, property continues to belong to the person, but they put it apart from his other businesses.
He stated that Law 189-11 was enacted here in 2011, which created the trust, more for real estate purposes, but which does not clearly define the public trust.
He said that since then governments have been creating public trusts, and they do it like a family does or like a company does, “but since it’s public money, the trust is public.”
He stated that everything that has to do with the State has to have a special regulation, “hence the president has arranged for a bill to be drawn up to regulate the public trust, but there is no date because work is still being done on it”.
He pointed out that in the case of Punta Catalina everything is public, because the trustee is Banreservas, the trustor is the State, and the trustee is the State itself: “Everything else is simple expressions, there has not been a deep serious debate on this, that there should be.”
