"CULT OF THE CONSTITUTIONAL COURT JUDGEMENT OF PERU"
Analysis recent ruling in favor of bullfighting 
By Jaime Rivero Bramosio.
through a historic ruling, the Constitutional Court just set the cultural character of bullfighting in Peru. This should not surprise anyone because they have always been regarded as Peruvian tradition, earning the status of "cultural" for successive tax exemptions. However, this criterion was changed 6 years ago, when this Court, influenced by anti-bullfighting agents, issued a decision arbitrary, abusive and unconstitutional against bullfighting.
This time, without regard to process, the Court interpreted that bullfighting was not art or was part of Peruvian culture, ignoring five centuries of history as the millions of compatriots who practice this habit in hundreds of towns. To fulfill this nonsense, they pontificate all the atrocities that are reported against the party and turned to the forbidden methods of evidence and legal analysis (surveys, false information, omissions, etc..), Without considering a single defense argument . For the same court, now composed of honorable and impartial judges, has fulfilled its mission to dispense justice. Based on the historical, cultural and case law, has rectified the lamentable failure, assuming a position favorable to the party. This statement is crucial to the protection of Peruvian bullfighting tradition is a valuable contribution to the global defense, to the extent that:
1) states that is a cultural and artistic expression that has been incorporated into our mestizo culture and part of the cultural diversity of Peru. It rejects the thesis "nationalist" who denies this tradition by Hispanic origin. Basing their votes, the judge said Vergara Gotelli deny the cultural is a denial of our own history.
2) Set cultural character stating that, because some flunk this activity, must-have cultural status.
3) states that whoever is disagreement is not required to attend, as also must be free and voluntary attendance by exercise in both cases, the right to free development of personality is derived from human dignity.
4) decrees that involvement can not be held to any constitutional right by the mere offer of bullfighting, while attendance is not coerce them.
5) consolidates regional jurisprudence, to accept and validate the arguments put forward by the Constitutional Court of Colombia in Case C1192/05 2005, which established that even when the bull starts rite the integrity of the bullfighter, was inflicts pain and sacrifice the bull, these statements do not relate to acts of violence, cruelty, savagery or barbarism, but to art shows, and if you want drama, the constant dilemmas facing human affairs: strength and reason, courage and cowardice, life and death.
6) prevents any legislative initiative that seeks to ban or restriction of bullfights, forcing authorities to submit to the interpretations and considerations expressed in the statement. Nor, therefore, may carry restrictions on admission to children exists in some countries.
7) allows bullfighting Intangible Cultural Heritage to be declared under Law 28296. Pursuant to this rule, the State must take measures for their protection and promotion, as well as any other cultural.En heritage property under the ruling and application of the presumption contained in that law, and bullfights are intangible cultural heritage of Peru. Corresponds obtain formal statement by the Ministry of Culture, in order to activate the duty of protection and promotion in question.
8) response to this duty, the State is unable to promote and contribute to the activity bullfighting, which seeks to destroy the cultural heritage of Peru.
9) allows the granting of tax benefits, according to their character recognition cultural.El bullfighting as a cultural tradition is an important support at a time in Ecuador is to restrict your celebration through a referendum promoted by political interests. At the national level, the ruling strengthens the party, whose heyday in the provinces is huge. To regain its cultural policy level, it becomes much more difficult in the future, the same Tribunal to reconsider the position bullfighting, and that all jurisprudential swing is causing the loss of legitimacy and prestige of the highest court in the country.
By Jaime Rivero Bramosio. through a historic ruling, the Constitutional Court just set the cultural character of bullfighting in Peru. This should not surprise anyone because they have always been regarded as Peruvian tradition, earning the status of "cultural" for successive tax exemptions. However, this criterion was changed 6 years ago, when this Court, influenced by anti-bullfighting agents, issued a decision arbitrary, abusive and unconstitutional against bullfighting.
This time, without regard to process, the Court interpreted that bullfighting was not art or was part of Peruvian culture, ignoring five centuries of history as the millions of compatriots who practice this habit in hundreds of towns. To fulfill this nonsense, they pontificate all the atrocities that are reported against the party and turned to the forbidden methods of evidence and legal analysis (surveys, false information, omissions, etc..), Without considering a single defense argument . For the same court, now composed of honorable and impartial judges, has fulfilled its mission to dispense justice. Based on the historical, cultural and case law, has rectified the lamentable failure, assuming a position favorable to the party. This statement is crucial to the protection of Peruvian bullfighting tradition is a valuable contribution to the global defense, to the extent that:
1) states that is a cultural and artistic expression that has been incorporated into our mestizo culture and part of the cultural diversity of Peru. It rejects the thesis "nationalist" who denies this tradition by Hispanic origin. Basing their votes, the judge said Vergara Gotelli deny the cultural is a denial of our own history.
2) Set cultural character stating that, because some flunk this activity, must-have cultural status.
3) states that whoever is disagreement is not required to attend, as also must be free and voluntary attendance by exercise in both cases, the right to free development of personality is derived from human dignity.
4) decrees that involvement can not be held to any constitutional right by the mere offer of bullfighting, while attendance is not coerce them.
5) consolidates regional jurisprudence, to accept and validate the arguments put forward by the Constitutional Court of Colombia in Case C1192/05 2005, which established that even when the bull starts rite the integrity of the bullfighter, was inflicts pain and sacrifice the bull, these statements do not relate to acts of violence, cruelty, savagery or barbarism, but to art shows, and if you want drama, the constant dilemmas facing human affairs: strength and reason, courage and cowardice, life and death.
6) prevents any legislative initiative that seeks to ban or restriction of bullfights, forcing authorities to submit to the interpretations and considerations expressed in the statement. Nor, therefore, may carry restrictions on admission to children exists in some countries.
7) allows bullfighting Intangible Cultural Heritage to be declared under Law 28296. Pursuant to this rule, the State must take measures for their protection and promotion, as well as any other cultural.En heritage property under the ruling and application of the presumption contained in that law, and bullfights are intangible cultural heritage of Peru. Corresponds obtain formal statement by the Ministry of Culture, in order to activate the duty of protection and promotion in question.
8) response to this duty, the State is unable to promote and contribute to the activity bullfighting, which seeks to destroy the cultural heritage of Peru.
9) allows the granting of tax benefits, according to their character recognition cultural.El bullfighting as a cultural tradition is an important support at a time in Ecuador is to restrict your celebration through a referendum promoted by political interests. At the national level, the ruling strengthens the party, whose heyday in the provinces is huge. To regain its cultural policy level, it becomes much more difficult in the future, the same Tribunal to reconsider the position bullfighting, and that all jurisprudential swing is causing the loss of legitimacy and prestige of the highest court in the country.
0 comments:
Post a Comment