The Plenary of Constitutional Court A public hearing is being held to review the unconstitutionality claim against Law 31388, which extends the term for comprehensive mining formalization until 2024 (Reinfo).
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The appeal was presented by the Loreto Bar Association against the Congress of the Republic. The case is in file 00017-2023-AI.
The TC magistrates listen to Rita Ruck Riera, representing the Loreto Bar Association, as well as the public attorney of Parliament. Likewise, the mining company Poderosa was incorporated as a third party.
The representative of the Loreto Bar Association, Samuel Abad, assured that Reinfo was created as an exceptional measure. However, he questioned whether, currently, the rule has become permanent thanks to its implications.
“We ask the TC to urge Congress not to continue expanding these types of extensions that affect constitutional principles and rights,” said the lawyer.
For his part, the representative of Parliament indicated that illegal mining does not have the authorization of the administrative authority, that it is carried out in prohibited areas and is not subject to supervision. “This mining that is being carried out is illegal mining; mining in the process of formalization is prohibited from carrying out this type of extractive activity,” he indicated.
Likewise, he indicated that the law has “a series of provisions.”
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