La Granja Azul: Congress presents an initiative to avoid unjustified closures

The closure of the chicken shop blue farm It is not an isolated case. To reverse this situation and prevent businesses from going bankrupt or falling into informality, as a result of unjustified closures, the Constitution Commission of the Congress of the Republic approved Bill 4952, which is about to be debated in plenary. Entrepreneurs hope that this rule will protect them from abuses and blackmail committed by some local governments.

“PL 4952 emerges as a norm that seeks the formality and prosperity of the Peruvian entrepreneur. It seeks a balance between the necessary municipal control and the freedom of business, avoiding indiscriminate closures due to administrative and rectifiable faults at the time of the inspection. In addition, it aims to avoid injustices, such as those suffered by the owners and workers of The Blue Farmwhose business and economic support was closed for more than two weeks because the inspectors take as long as they want to verify the correction of observations, ”says Jorge Lazarte, lawyer for the business unions.

What are the main measures included in PL 4952?

To reverse this situation and prevent businesses from going bankrupt or falling into informality as a result of such abuses, PL 4952 includes conditions for the closure of a commercial premiseswhich can be summarized in four key points:

1. Life and health ahead. The project proposes that inspectors can only close a commercial premises when it is verified that there is an imminent danger to the life, health or property of people, caused by failing to comply with safety regulations.
2. immediate rectification. According to the initiative, it will not be possible to close a store when the offense committed can be corrected during the inspection. In this way, you will avoid an unnecessary and unfair stoppage that can cost a business thousands of soles in losses.
3. Maximum period for reopening. After 48 hours of the business having corrected the observations and duly notifying the municipality, the closure is lifted. If the entity does not respond within this period, the closure is immediately without effect.
4. No to the double sanction. If PL 4952 is approved, if a business is temporarily closed, no official may impose administrative fines. Nor may they condition the reopening to the prior payment of administrative fines.

The spirit of the norm is to establish specific protection measures against legal loopholes that have allowed outrages, blackmail and corruption cases, to the detriment of the economic prosperity of thousands of Peruvian families.

They request a meeting with the president, Dina Boluarte

The group of business associations, which has been promoting PL 4952, has requested a meeting with the president, Dina Boluarte, the president of the Council of Ministers, Alberto Otárola, and the Minister of Production, Raúl Pérez-Reyes, to present the proposal.

“We are not against inspection, but rather against the abuse of arbitrary closures that represent one of the main sources of municipal corruption and extortion by unscrupulous officials, who make illegitimate use of power. We look forward to this opportunity to express to the Executive our disagreement with the municipal actions and in turn expose the benefits that PL 4952 brings to all formal entrepreneurs of the country,” read the letter.