[ad_1]
An intense debate took place during this Wednesday’s edition of “Mucho Gusto” between the seremi of Health of the Metropolitan Region, Paula Labra, and the lawyer and panelist of the morning, Rodrigo Logan, by the inspections to the homes that have announced the authorities for the National Holidays.
After several interventions, Logan demanded to specify in which cases the authority will be able to enter the homes, since in no case can this be a general rule, according to what the Constitution establishes.
“Let’s start from this logical base, we have the Constitution above that ensures the inviolability of the home and the Sanitary Code below, because it is a law, with that fact alone you can make a decision,” the lawyer established.
“And there is another element: here we speak of flagrante delicto, the seremis do not have the power to establish what the crimes are, because that power belongs to the judge and it is precisely the guarantee that the Criminal Procedure Code gives us, in fact the state flagrante delicto is in Article 130 of the Criminal Procedure Code, it says it precisely so that we can know what to expect, because if the police state is not generated. I understand that what the State is doing is good, but beware of opening that power and say that you can protect at any cost, “he continued.
Given this, Labra’s response was the following: “Let’s give a concrete example: when mass parties have been held in full quarantine, we have entered, because crimes are being committed against public health and public health is currently in on the rights of privacy, private property, etc. I am being reiterative, we will enter when there are flagrant crimes, when there are well-founded suspicions, only in those cases will we enter the homes of people with police officers, that has to be clear, because there a crime is being committed that puts public health at risk, puts people’s health at risk. “
After that came a crossroads of interventions in which both were interrupted:
Labra: “At that time, the public force, Carabineros, has powers so that we can enter”
Logan: “Does that violate 19 number 5 of the Constitution, the inviolability of the home?”
Labra: “At that time public health is above all”
Logan: “Over the Constitution?”
Labra: “Public health is what is ruling at the moment”
Logan: “I don’t agree”
Labra: “I am not a lawyer, or else I could not answer this, but at this time public health and the Sanitary Code …”
Logan: “I want to add value, but let me disagree, I admire what you are doing, but I look at it from the citizen’s point of view, because if we apply that theory and apply that trend that for public health we can do everything, we are going to transform ourselves into a police state and the people are going to be violated their rights “
Labra: “There is a difference, we are not saying that we are going to do everything for public health, only that in those cases that are not being complied with and that a crime is being carried out, which puts people’s health at risk, it is not all for public health, it is only in cases where there is a crime “
IN VIDEO:
[ad_2]
