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Strong criticism of the decree that prohibits social gatherings: they say it is "an advance" on freedoms

2020-08-03T23:58:18.218Z


Lawyers further claim that it is "unconstitutional". They also criticize that they are classified as a "criminal offense" with sentences of 15 days to two years in prison.


08/03/2020 - 20:40

  • Clarín.com
  • Society

The decree extending the coronavirus quarantine until August 16 added the nationwide ban on social gatherings . This addition, which forces some provinces that had already recovered this type of encounter to back down, opened the controversy.

The journalist Marcelo Longobardi considered it "unacceptable that the relationship between parents and children be regulated . " For his part, the lawyer Eduardo Gerome also spoke out against it while the lawyer Daniel Sabsay said that it is "unconstitutional" . Meanwhile, health experts say that, at this time of the pandemic, meetings should be avoided, especially in closed spaces .

In Decree of Necessity and Urgency (DNU) 641/2020, published in the Official Gazette last Sunday, the Government prohibited " social or family events in closed spaces and in people's homes , in all cases and whatever the number of attendees, except the cohabiting group. "

In addition, it ratified the impediment of "cultural, recreational and religious events in public or private spaces with more than 10 people in attendance."

Anyone who fails to comply with the rule "must be denounced by the intervening authority in order for the competent authority to determine whether the crimes provided for in articles 205 and 239 of the Penal Code were committed," the DNU points out.

"I agree that they ban sports, cultural and religious events. It is a no-brainer and it cannot be done. Now, that a decree regulates what happens inside people's houses, whatever the number of people, is unacceptable . Don't count on me, "Longobardi said on Radio Miter.

And he added: “These are violations of individual freedom that are very serious . Any judge would say it is illegal. You cannot threaten a person with two years in prison because their son goes home. What is this, North Korea? "

When asked about this, lawyer Eduardo Gerome criticized the ban. “It seems to me an undue and unnecessary advance on our freedoms. Family gatherings are positive for mental and mental health, removing that possibility is condemning many people to pictures of depression, "says Gerome.

For the lawyer, the Government must give information and guidelines, but not make decisions about it. “It doesn't even seem bad to me that it limits the number of people who participate in a meeting. However, it cannot regulate in such an extreme way ”, he insists.

According to the constitutional lawyer, Daniel Sabsay, "the problem is not prohibition, but rather that it is linked to a type of criminal offense ."

“The prohibition is being associated with article 205 of the Penal Code on the commission of a crime against health. This is unconstitutional because the Constitution prohibits the President from creating a DNU in criminal matters. In addition, the principle of legality says that criminal offenses can only be created by law, "says Sabsay.

In turn, he explains that analogy is not admitted in criminal matters. "This means that the fact that constitutes a crime must be specified in the Penal Code: it is one thing to prohibit a party or a family reunion and another to say that the party constitutes a crime, " he details.

The infectologist Eduardo López assures that the measure should "be understood and respected" and that it aims to prevent the spread of coronavirus. “It was a recommendation that we gave from the expert committee, at this stage of the pandemic it is important to avoid meetings, especially in closed environments. This is what we advise. How it is implemented is an issue that exceeds us ”, says López.

“In family gatherings the possibilities of contagion increase . Ventilation in winter is usually not good, social distancing is not respected at the table, nor is the chinstrap used , ”says the infectologist at the Gutiérrez Hospital, about everyday situations that lead to the spread of the virus.

Among the most worrisome elements, it refers to "the presence in these meetings of older adults , who are more likely to develop serious symptoms."

This Monday morning the Secretary for Access to Health, Carla Vizzotti, referred to the DNU. He said that "the increase (of cases) that is seen in the provinces is important" and that, therefore, "in this new regulation and until August 16, social gatherings will be suspended throughout the national territory '' . Governors of the interior of the country - like Jorge Capitanich and Juan Manzur - endorsed the measure.

"It is epidemiologically proven that the largest number of infections occur in social gatherings and that is why they must be limited," said Manzur, explaining the measure in Tucumán.

In some of the provinces that had already enabled social gatherings, controversy settled down strongly. And there were curious situations. For example, in Mendoza, where family gatherings were suspended but cafes, restaurants and internal tourism will continue to be  enabled .

The Minister of Health of the province of Cuyo, Ana María Nadal, said that in family gatherings it is difficult to establish the number of people who come together. "It costs follow-up because there is no record," he explained. And that is the reason why it is possible to meet in a restaurant, where each client completes an affidavit with their details, and not in a private setting.

"They do not allow families to come together, but they allow parties to be held in a winery in Luján de Cuyo," criticized the user who calls himself El Ojo de Mendoza on Instagram.

The turning back implies a mental blow to the population, especially low-income people who cannot pay the cost of a meal in a restaurant, added to the discomfort of businessmen who complain because they are measures that infringe individual liberties.

"Unfortunately, everyone is inside. Once again, the economy is paralyzed. Greater damage to companies that are struggling to survive and more damage to the mental health of families," said Daniel Ariosto, president of the Mendoza Commercial and Industrial Union. the leadership because "they fail to understand that we have to learn to live with the pandemic."

DD

Source: clarin

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