Encroachments or invasions, lies at the entrance to the force to set up a property and by their rightful owners, is usually done in order to supply a deficiency, in our Constitution of the Bolivarian Republic of Venezuela provides in article 115, the right to ownership, use, enjoyment and disposition of assets before 2005, was the only weapon he had property owners against invaders, which was general in nature and interpreted in different ways by the Constitutional Court of our country.
Through the continuous behavior in this regard, the Venezuelan state had to give punitive range of this behavior, since there was a gap in our legal system was on the reform of the Code Criminal contained in the Official Gazette No. 5.7868 of April 13, 2005, invasion or occupation of land illegal alien is considered a crime, ie, conduct punishable under the law.
is suitable to illustrate to the reader that this is a principle of retroactivity of the law, meaning that any conduct occurring prior to entry in effect, was not considered a crime, since the application of it, would violate the content of Article 24 of the Constitution of the Bolivarian Republic of Venezuela, as well as Article 2 of the Criminal Code.
The crime of usurpation (in practice Invasion) states exhaustively Articles 471, 471-A and 472 , with up to 10 years in prison, encompassing the instigators and perpetrators of crime. This offense has a special relation to others and having a permanent character consisting of a single infringement, to the legal right to be extended over time, may apprehend in the flagrant mode authors (Male and / or women).
That is the "ought" of the organs of administration of justice. Not to punish anyone, it would mean a deterioration, a weakening, most of which already exists, of the rule of law and justice which the Constitution must prevail in my country.
This type of behavior, are triggers for the destabilization of any political and economic environment, forming a plague that any government would want to avoid, is why through these lines like a spirit guide, while people occupying land or buildings must be removed from these areas, since they are active subjects of crime under the provision.
invaders, so to call them the same way or have the need to occupy more space to fill a need, but there are some who take advantage of the situation, using an abusive manner to children for shield for the consummation, becoming invasive office, immoral and unethical disguised red berets and acting on behalf of the revolution becoming enemies of the process.
In this context, I think the problem must be attacked in a structure from the different levels of government, and that these behaviors reflect a great need in the population to be taken into account by any court when a verdict, calling on relevant agencies to fulfill their duty.
"My rights end where it begins the rights of others."
Joseph F. Monaza M.
Graduated from the Universidad Nacional Experimental
"Romulo Gallegos" SUCRE
FOUNDATION MISSION Monaza17@hotmail.com
http://asesorialegalenvalledelapascua.blogspot.com/ .
0 comments:
Post a Comment