TC rejects impunity for informal miners in the reinfined

Historical judgment. The Court Constitution (TC) has arranged that the State refrain from approveing any legal framework that exempts criminal, civil or administrative responsibility for informal miners in the mining formalization process, including the integral registration of Mining Formalization (Reinfo).

Informal miners redouble the pressure before the inaction of Congress and the Executive. Confminin will meet on April 5 in Chala to demand the extension of the reinfill and propose that the Bank of the Nation buy its gold.

The decision is made after declaring, by majority, the claim of the Loreto Bar Association against articles 1 and 2 of Law 31388.

The maximum interpreter of the Constitution said that criminal impunity against environmental crimes cannot be contemplated, even as part of a transitory regime. The sentence warns that any public policy that allows said exoneration contravenes the state duty to protect the environment, a fundamental right of every person.

The TC also urged Congress and the Executive Power to design and execute a new formalization system for artisanal and small -scale mining. This reform must have the active participation of informal miners, the holders of concessions and the affected communities.

This is the Judgment of the TC against informal miners.

In its fundamentals, the Court indicates that it is not constitutional to allow criminal exemptions within the reinforce or in future extensions of the same. The Court notes that the right to a healthy environment cannot be violated under any normative, temporary or permanent model.

Regarding the formalization of the MAPE, the TC expressed concern about the few advances achieved and warned that, if urgent measures are not taken, damage to vulnerable populations, the environment and tax collection will be taken. The power of illegal mining will also be increased.

The ruling has the votes of magistrates Francisco Morales, Gustavo Gutiérrez, César Ochoa and Pedro Hernández. The minority votes – Pacheco, Domínguez and Monteagudo – stated that the lawsuit should be received, although they all agreed to reject the exemption of criminal responsibility in the Reinfo.

This sentence marks a key precedent for the future of informal mining in Peru. The TC message is clear: the formalization process cannot be synonymous with impunity, and the State must assume an active and responsible role in the protection of the environment and legality.

Take advantage of the new experience, receive by WhatsApp our enriched digital newspaper. Peru21 Epaper.

Now available in Yape! Find us in Yape Promos.