Revés judicial para los anti Pase Sanitario en la provincia
El Juzgado Civil, Comercial, Laboral, de Familia y Violencia Familiar de Montecarlo, a cargo de Jose Luis Maimo, rechazó “in limine” la acción de amparo presentado por el abogado Lucas Vega (Juntos por el Cambio) y determinó el archivo de la causa “porque no se cumplen con los requisitos mínimos para la apertura de este proceso de amparo”.
Las Resolución Nº 4369 y Nº 870 del Ministerio de Gobierno y Salud de la provincia de Misiones las dictaron en el marco de la “Emergencia Epidemiológica y Sanitaria”, que se vive no solo en el ámbito provincial nacional, sino mundial, con el objetivo de mitigar la propagación del virus y su impacto sanitario.
Ambas Resoluciones se tratan de una regulación tendiente a la protección de la salud pública como bien jurídico primordial y, también, al fomento de la vacunación como medio comprobadamente eficaz para eliminar o mitigar ese flagelo.
Según la observación judicial, el abogado no acreditó los motivos de esta acción, como tampoco los requisitos del Art 1 y 2 de la Ley XII N°2 Digesto Jurídico de Misiones para la procedencia de la acción de amparo.
Por su parte, la Fiscalia en turno, a cargo de Horacio Alberto Erhardt, dictaminó que “lo presentado por el actor no reúnen los requisitos mínimos establecidos para la interposición de la acción de amparo, ya que no solo no se probó ni acreditó los extremos exigidos por la Ley, tampoco en que forma actual o inminente se lesione, restrinja, altere o amenace derechos y la que la acción de amparo entablada no debe prosperar solicitando su rechazo in-limine”.
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