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The new headache of La Moneda has a name and a first name: the constitutional lawyer Gastón Gómez, known for his personal closeness to President Sebastián Piñera. This, because the lawyer was installed on the pavement of the interests of the piñerista administration in environmental matters, baduming the representation of the Association of Industrial Plastics of Chile (ASIPLA) and trying to download – by legal means – the Government's flagship project in this area: the elimination of plastic bags throughout the country, an issue that was the subject of the deployment of the Minister of Industry, Marcela Cubillos.
Just review the final pleadings of the attorney The Constitutional Court (TC) and its findings, one understands the concern that has been generated within the Palace for the fate of the project, although that is not the case. They also acknowledge some discomfort with the professional, considering that the Head of State recently appointed him Chairman of the National Television Council (CNTV) and today is sailing against the current of the current. ;executive.
In La Moneda they recognize that the professional quality of Gomez is not under discussion and that is the reason, according to government sources, that "it is understood that the industry has gone in search of the best possible ", but questioned that in this industry" want to spend resources for lawyers, instead of investing them in a modernization according to the times. "
Educated words, in any case, who protect the surprise that generated the role of Gómez on the second floor of Palacio in the case, considering the relationship between the lawyer and the President, which began in the nineties, when Piñera served as RN senator and the lawyer became his great legal adviser, a link that extended to share activism at the time in the National Renewal.
Clear example of its proximity and trust, is that President Piñera offered to Gómez the appointment of him as minister of the Constitutional Court, an appointment that spans nine years, which is of the full power of La Moneda and that after or be accepted by the jurist, is still waiting. Faced with the rejection of the offer, the president finally appointed him to the head of the CNTV
The lawyers of the place and close to the lawyer explained the decision of Gómez d 39; badume the representation of ASIPLA as a reflection of his "character", his ideological and professional belief, which "does not confuse friendship with ideas". An example of this, they recalled, is that the professional sits on the right side to question Michelle Bachelet's work reform before the TC and, subsequently, was part of the defense of the decriminalization project. abortion in three causes promoted by the same administration
The lawyers who know him in his professional career but also personal, describe him as a "liberal, today closer to Evópoli" and from there, they baderted, they can unravel both his beliefs and his way of acting "A person who is left of the right, liberal both economically and in terms of values, very democrat and very anti-pinochet, "they said, noting that their friends are moving from the Socialist Party, across the DC, to RN, but they are reaching neither the UDI nor the Communist Party.
Although Gómez has been a lawyer for years of ASIPLA, a situation that has led him to resolve more easily the existence of any internal questioning, another jurist , his professional performance, baderted that "his position is totally consistent with his conception of the minimum state.For him, free enterprise is a very important value."
Gómez is described as a "rebel lawyer" to right and recalls his participation in the Rettig Commission: the only lawyer on the right who accepted the job. Thus, always, in addition, has accepted complex cases, such as the representation of the National Chamber of Commerce to prevent Sernac from gaining powers of sanction, among other achievements of its reform.
The star of Marcela
Gómez was convinced that the case of plastic bags had a hold on something that had not been put on the agenda until the day before. now: it is the first time that the right to justify a measure "closes" an economic activity or banned. Based on the strength of the statement, the lawyer prepared a first presentation to the TC, where the biggest debate should focus on whether the flagship measure of the Cubillos government and responds to a constitutional organic law or not. If this is not done or if the ministers do not agree with this thesis, it will be difficult to accept the request, which has already been explained to ASIPLA [19659002] But it will not be the only emphasis on the cards. . If this first step is rejected, the bet will be to pursue a remedy of inapplicability with respect to the logic that the prohibition violates a particular economic activity, which means that the proposed ban has affected the company. 39, activity of plastic bags, without defining what other activities also harm the environment, that is to say that the entire plastic industry is not regulated, only one of the scholarships.
The ASIPLA would be able to bring about bankruptcy and closure of small sized businesses and this factor has never been weighed. At the same time, they explained that for them the ideal scenario is a regulation – and not a prohibition, as has been suggested – general for all actors, based on the rules established by the OECD.
Environment Confidence that one of the dissenting voices of the ban on plastic bags was, precisely, the former under-secretary Rodrigo Benitez, and that Minister Cubillos was not willing to hear any disagreement with the project, be it at the political level or voting … According to the balance sheet established in La Moneda a few weeks ago, it earned him a strong endorsement.
Other groups of entrepreneurs, outside of the field of plastics, are internally expressing their concern about the path that the Pinerista administration can take on reforms that would have a high political "yield", but very little commercial logic. As a result, larger commercial organizations have expressed their support for the plastics industry, since initial estimates indicate that, after government action, could affect about 150 companies and about 22,000 workers.
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