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The Service Award 'Technical Reviews' vehicles in Lima is a "bureaucratic barrier" and is "unconstitutional"

The INDECOPI website are very good news :

The Market Access Commission has determined that granting the "Company Lidercon ', which has been authorized to offer the service of" technical revisions "to vehicles, is a" bureaucratic barrier "that must be removed .

I absolutely agree, even more, this article will try to explain what this administrative decision, and also why it is also "unconstitutional."

What is a bureaucratic barrier? What is the Committee on Market Access?

According to our Constitution we are a society whose economic system is "social market." What does this mean? That we are a society in which the exchange of goods and services is determined according to the rules of supply and demand, but also that this exchange can not be unlimited but you can set some restrictions on interest.

Those limitations are not justified by the Law and the reasonableness of the public interest to establish them are "bureaucratic barriers that must be eliminated" and that classification is established by the Committee on Market Access.

If not removed these barriers the economy is less competitive, consumers can not choose goods and services are expensive.

What about the Concession to Lidercon?

In the case of the Municipality of Lima, Ministry of Transport was transferred in a little clear authority to require "technical review" to motor vehicles (cars, public transport vehicles, etc.). In exercising that power, the municipality may provide that only circulate in the city vehicles that have adopted a "technical review."

This seems reasonable, right?

However, there is more to analyze.

Who should take charge of the 'review art '?

One option would be for the City opened the workshop for review and all citizens to go to these workshops vehicle to pass the test of their cars. However, in a city with many problems such as Lima, should public funds be used for this? The most reasonable answer is no, and mainly because the fundamental issue is that the City make revisions, but that vehicles actually pass by them, no matter if they do at a workshop of the municipality or a private workshop .

It is therefore a good measure that the City has the service concession. However, it has a single company, with a term of 16 years.

In doing so, the city had created a monopoly, that is, has given some individuals a tremendous business, as citizens requires vehicle owners to choose their service and assured them a huge profit.

So we have seen the first few months have been brutal, irrational attack on citizens who have endured abuse for many hours waiting to be served .

Why? Because the only award winning company is not concerned as to win the preference of service users. Can be safely trusted because the public authority the Municipality will punish those who do not pay for their service.

Was this reasonable?

Finding the Market Access Commission that it is a bureaucratic barrier that must be removed, opens the possibility to have more companies offering this service and that they compete with each other to gain acceptance or preference users. Thus, they must provide quality service at competitive prices, which will be devoted to providing citizens the best.

Is not this a better situation than before?

Yes, and it has done in response to INDECOPI complaints from citizens. This is certainly a good news, in our country see that institutions can work!

is important to support the decision of INDECOPI and the Mayor of Lima take the most reasonable decision, granting open more than one company, as many also recommended for these companies to be audited in terms of both service security interest in the streets and on the slopes.

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Can dissolve or annul the paternity of a father? Or could a father give up his paternity? Another query

The query was:

• Dr. Dolphin, I shared life with a man for just over 7 years, family life but never married. After this time we parted without no child involved. At 2 months apart and I decided a reconciliation was pregnant and then parted forever. My child is 4 years old and attends his father's nest but barely and not without a fight by phone or email deposits a monthly pension. Initially he did for 9 months and sometimes fails to send for 2 months and something else. This situation has me tired. But my biggest problem is this: He never received love from his father, his father has told me many times to tell her that is dead or that its function is only passive, not involved in anything related to my child. By sending a pension plan is sufficient. Recently my son had to take an entrance examination for college and did not accept they said I needed psycho therapy. I told this to Father and told me that nothing can be done, their role is passive and also think that I manipulate the situation to my advantage. Even asked if he could talk to the school only psicolaga of that said his role is passive. My query is: I would like my son grows up mentally healthy, than a man who drag psychological problems, he knows that his father is nowhere to never see or play with him and is no longer sufficient to say that this is because Daddy works . WANT to give up the paternity of my child and not cause more problems, I delete it from our lives. Is it possible?. But I want to indemnify for the damage. There is this?. I could play this without a problem because he does not live in Peru but I wish no contact with him in any sense. Thanks, Isabel.

Dear Isabel.

Thanks for your inquiry and we will respond with the greatest pleasure.

In principle, though you do not mention it, I presume that the child was recognized, otherwise you would not consider this issue.

Can a father give his paternity?

the family relationship that arises from the recognition is final and unchallengeable, unless the biological father were different, and in that case, you as a mother, on behalf of the child, could exercise the right of lower court to establish the true paternity.
So, to your specific inquiry, that the father waived his paternity, "the answer is that it is legally impossible.

The 'parental rights'

However, the relationship between a father and his children is defined in legal terms as "parental authority", and what you could do without dissolving into the bond of parenthood is to request that deprived the father of "custody." In doing so, the parent will lose their right to freedom with her son, but keep your duty as a father and must continue to provide for food and other expenses.

emotional damage the father's absence

Another important issue is the emotional damage that you expose. To be diagnosed by competent professionals in legal proceedings may sue the father bear the costs of therapy involving their child in addition to the maintenance to which it is bound.

Council

My advice is to legally claim the loss of custody to the father of her child. In addition, to establish a maintenance, that obligation can and should include paternal grandparents. Finally, we must also demand the cost of therapy for your child to regain emotional health.

remember that they must also consider the possibility that the parent meets the obligations arising from an injunction, you have in mind that not serve a sentence if it can not be certain of the father's domicile, income and its property. So my suggestion to include paternal grandparents, who have the same obligation as the father if he can not assume it properly.

I hope I helped.