Little was known about the decision of the federal judge of Oberá to declare his incompetence to resolve the request for a precautionary measure to avoid the loss of powers of the National Institute of Yerba Mate (INYM). the herb producers have installed an old tractor in front of the Government Palace, in Posadassymbol of the massive mobilization carried out more than two decades ago, when the business was going through a historic crisis.
President Javier Milei’s decision to completely deregulate weed cultivation through the mega decree of necessity and urgency (DNU) sent to Congress has generated deep unease among producers. And heThe law takes away from the INYM the power to set the reference prices of green grass and candied grass every six months.a (dried, not ground) and turns it into a product promotion body.
The Misiones government decided to attack the Milei DNU with a precautionary measure before the Federal Civil, Commercial and Litigation Court of Posadascurrently surrogate by the federal judge of Oberá, Alejandro Gallandat Luzuriaga. The magistrate decided to allow the fair to analyze the proposal put forward by the prosecutor of Misiones at the request of governor Hugo Passalacqua.
With the same criteria used by the public prosecutor Silvina Gutiérrez, the magistrate supported him as it is a dispute between the provincial state and the national state Jurisdiction is original and exclusive to the highest judicial body of the countrythat is, of the Supreme Court of Justice of the Nation.
He explained the situation in fundamentals It is similar to the proposal put forward by the province of La Rioja, who asked to declare President Milei’s DNU unconstitutional. And therefore it had to be resolved in the same way taking into account articles 116 and 117 of the national Constitution.
In the judicial presentation presented by Misiones, it was requested to cancel the repeal of the articles of the law establishing the INYM relating to the fixing of prices of yerba mate and packaging at source.
Prosecutor Gutiérrez had already warned that “according to the nature of the parties who must intervene in the trial, on the one hand the province of Misiones which is affected by the original jurisdiction of the Court and on the other, the national state having the right to federal jurisdiction, The only way to reconcile both jurisdictional prerogatives is to motivate the appeal before the Supreme Court of Justice of the Nation”.
For his part, Gallandat Luzuriaga justified his decision by stating that “the provisions established in our National Constitution aim to protect and maintain the order of the Federal State and the National Union. It is also the most favorable option for the parties involved, by virtue of the greater certainty and speed with which a definitive solution will be reached to a conflict which is of very high current interest for the Republic.”
Herbal industry leaders will be in attendance at Congress this Wednesday, where they will try to meet deputies and senators from all the provinces to explain the implications of the herbal deregulation that the national government intends to implement. The delegation will be made up of Nelson Doltremo, Jonás Petterson, Claudio Hacklander; Danis Koch, Denis Bochert and Gerardo Vallejos.
Petterson, of the National Yerba Mate Institute, said that “we always set a minimum price that guarantees the possibility of production and that takes into account the cost. “We never set limits, we never prevent them from being paid more,” he added.
Explaining the scope of the decree regarding INYM, Petterson stated that the Institute “it looked at the entire sector and especially at the most vulnerable” and that the deregulation process exclusively benefits the milling sector.
“Another problem is that we don’t know how the money raised with the stamp duty will work, because when the State gave the INYM the inspection rate, it gave it the power to say what to do with the money raised to use it in the herbal business . “. Estimates indicate that this year the collection will exceed six million dollars.
“Inym was born from the struggle of producers, following the terrible situation we found ourselves in with the deregulation of the 90s, and we managed to defend the production sector. What they propose today is to abandon sustainability and move towards high competitiveness and an industrial perspective,” she noted.
On Tuesday morning several producer associations arrived in the Plaza 9 de Julio in Posadas, in front of the Government Palace, to install an old tractor and demonstrate against the removal of power from the INYM.
Source: Clarin
