The detractors especially criticized changes introduced to the legislation in sensitive areas such as the right to strike and picket, legitimate defense, money laundering, the future of the state oil company Ancaap and even the compulsory nature of initial education, among others. .
But what do those articles that survived the referendum say?
legitimate defending
The first article of the LUC modifies the figure of legitimate defense in Uruguay. The government law, voted by the official majority in Congress last year, expands the conditions under which a civilian can exercise it.
“Prior to the modification, this norm of the Penal Code indicated three conditions in which those who acted in self-defense were exempted from criminal responsibility: unlawful aggression, the “rational need for the means used to prevent the damage” and the lack of provocation of who defends himself These conditions had to be met as long as the defense was exercised at the entrance of a house or inside it,” recalled the Uruguayan newspaper El País.
With Lacalle Pou’s law, it is considered rational “when it turns out to be a sufficient and appropriate response to avert danger” and no longer focuses on the type of weapon used. “The difference is subtle: in the previous wording, “rational” referred to the need to use this or that means. Now, the qualification of “rational” is used to refer to the medium itself,” explained the Uruguayan newspaper.
The critics of the LUC criticized that the scope in which the use of the figure of legitimate defense can be justified is expanded, since it is not necessary to prove that the weapon used was strictly necessary.
In addition, the places where it can be exercised were expanded. It went from the interior or entrance of the house to “balconies, terraces, roof terraces, barbecues, barbecues, gardens, garages and garages or similar”.
Right to strike
“The State guarantees the peaceful exercise of the right to strike, the right of non-strikers to access and work in the respective establishments and the right of company management to enter the facilities freely,” according to article 392 of the LUCK.
But a subsequent regulatory decree of the government detailed the procedure to evict occupied companies, making it much simpler what was seen by the union centrals -key in the campaign in favor of the Yes in the referendum- as a way of restricting the freedom to strike.
pickets
Something similar happened with the possibility of protesting on public roads. The LUC of Lacalle Pou, in one of its most questioned sections, basically prohibits picketing as a form of demonstration.
It declares them illegitimate and empowers the Ministry of the Interior to take the measures it deems pertinent and, if there are acts of criminal appearance, arrest the offenders.
“Does this imply that you cannot picket? Yes, a picket can be made, for example when flyers are distributed, but it is allowed to pass, ”explained lawyer Magdalena Balestero to El País. “The illegitimate pickets are the hard ones, which prevent free movement.”
Education initial
Although a total of 34 articles linked to education were questioned, most of them referring to governance, the aspect most questioned by the opposition campaign was that
it eliminated the “compulsory nature” of initial education.
From the government they insisted that the LUC does not propose changes in the obligation in Uruguay. However, article 140 includes a last paragraph that says that education up to three years “is not compulsory” and that when the three-year education acquires a formal character, “it will be considered non-compulsory initial education.” “However, the general education law already established that initial education was compulsory only “after four years of age”. In other words, attendance was not compulsory in early childhood before the LUC”, according to the Uruguayan press.
Financial Freedom
The LUC contains six articles that modify aspects of the financial inclusion law voted during the government of Joseph Mujicawhich established the compulsory payment of salaries through a (free) bank account or electronic money instruments.
With the modifications implemented as a result of the law of the Lacalle Pou government, salaries can be paid in cash and not only through financial intermediation institutions or electronic payment.
For critics, black pay is enabled and discretion is given to the employer, to have the last word.
In addition, the cash payment is extended up to 120,000 dollars in the case of professional fees and even payments from the State to suppliers may also be fulfilled “at the supplier’s option” in cash, “up to the maximum limit for common direct purchase”.
“But perhaps more controversial is article 221, which allows paying any operation or legal business in cash for up to one million indexed units (about 120,000 dollars). The financial inclusion law guaranteed it for up to 40,000 units. The opposition says that, as in article 219, this removes transparency and enables illegal practices, since it is more complex to trace the origin of cash, considering the issue of preventing money laundering. From the government they focus on the fact that the aforementioned “freedom” of the person who is going to pay must prevail,” explained El País.
ancap
Another highly questioned point was the new fuel price adjustment system.
Article 235 establishes that the government will update the price of fuels with a periodicity no greater than 60 days, following a mandatory report from Ursea and Ancap. According to the government, the goal is to make the system more transparent.
Prior to the LUC, the state company Ancap made a proposal to the Executive Power based on the international price of oil, which was generally approved.
Source: Ambito
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