translated from Spanish: Failed-Supreme Court destroys the project of Piñera punishing the “incivilidades”

the past 12 July, President Sebastián Piñera signed the project law that punishes “anti-social behaviour” or “incivilidades” as the Government named them to. However, the project star Executive security received a hard Slam by the Supreme Court.
The plenum of the highest court of the country met to discuss the contents of the draft and forwarded its report to the Senate with a series of observations. Moreover, two Ministers (President, Haroldo Brito and Carlos Künsemüller) were outright for reporting the project negatively, arguing that “aims to move to law criminal offences conduct called”incivilidades”and” disorders”lifting them away from the contentious field to which belonged.”
At the time of signing, the President said that “it is a bill that will give more efficiency, more tools, more instruments to combat what are called anti-social behaviour, that today many of them, unfortunately, are lagging in one total impunity”.
Among the “incivilidades” that aims to punish the initiative legal figure the burning and destruction of schools, consumption of drugs or alcohol in public, destruction and hatchings of public transport, the maintenance of terrains, neglected sites or accumulation of garbage installation of posters or hatchings in public or private buildings without authorization, among others.
Criticism of the Supreme however, the Supreme believes that “first, regard to the objectives of the project, estimated that these seem to be not fully conclusive to found a proposal for this entity”.
One of the objections says relationship with statistics that supposedly give sustenance to the project and the literature that argues the legal initiative. “The figures mentioned in the message accompanying the initiative would not agree with those published in the cited source. In addition, criminological theory that serves as inspiration has been subject to various criticisms, given the space that could open to discrimination, xenophobia and police abuse”, according to the report of the Supreme.
He also points out that “with respect to other amendments, there are some inaccuracies and omissions of which suffers the built-in article 1 legal text number 2 and article 2 °, numbers 4 and 5 of the legal initiative in commented”.
One of the points challenged says concerning punishments by consumption of alcohol which seeks to establish the project. In this regard, the report of the Supreme points out that mainly seeks to “to the transfer of certain behaviors from the offence regime to the penal system. In this regard, amendments do not appear to be accurate (…) also, seem not to consider criteria of proportionality and suitability”.
“Similar proportionality and suitability – continues – issues concerning the content of the new third paragraph incorporated into article 81 of Decree Law N ° 458, 1976, of the Ministry of housing and urban development, General Law on urbanism and” Constructions”, ends.

Original source in Spanish