El presidente del Senado, Andrónico Rodríguez, abrió la posibilidad de debatir en 2023 una nueva ley para sancionar los delitos de avasallamientos en todo el territorio nacional.
“Dejar en claro que los supuestos avasalladores no necesariamente responden a las filas del MAS-IPSP, como la oposición quiere mostrar y hacer ver, de ninguna manera, todo acto ilegal es reprochable, si es necesario elaborar una norma pues vamos a evaluar rápidamente, algunos ya han tomado esa iniciativa, y vamos a tomar con mucha seriedad (la decisión) el año 2023”, afirmó Rodríguez.
Promulgada el 30 de diciembre de 2013, la Ley 477 Contra el Avasallamiento y Tráfico de Tierras establece una pena privativa de entre tres a ocho años para los autores de los avasallamientos, pero además dispone que quien cometa este ilícito no puede recibir tierras del Estado por el lapso de 10 años.
Mientras que, para los traficantes de tierra, la norma determina una privación de libertad de seis a ocho años.
En apego a la normativa, desde el 13 de diciembre la Policía nacional intervino en seis predios presuntamente avasallados, cinco en Santa Cruz (cuatro en zonas rurales y uno en la ciudad), y uno en Cochabamba.
Fueron aprehendidas varias personas: 20 en Santa Cruz y cinco en Cochabamba.
De acuerdo con datos del Ministerio de Gobierno, este 2022 se presentaron 230 denuncias de avasallamientos y tráfico de tierras. En 2021 las denuncias llegaron a 367, mientras que en 2017 fueron 580.
Además de pedir que se refuerce la lucha contra los avasalladores, Rodríguez también habló sobre la necesidad de recuperar las tierras improductivas a favor del Estado.
“Las tierras no son para conservarlas, cuando tiene vocación productiva, o potencial productivo el Gobierno central va a ir viendo para ir recuperando las tierras con mucha vocación productiva y podamos garantizar a futuro la alimentación a todos los bolivianos y bolivianas”, señaló a Bolivia TV.
Dijo que se “necesitan tierras agrícolas, no solamente en los Valles o en el Altiplano, sino en el Oriente, que definitivamente tenga función social, que garanticen la seguridad alimentaria”.
El artículo 397 de la Constitución Política del Estado señala que “las propiedades deberán cumplir con la función social o con la función económica social para salvaguardar su derecho, de acuerdo a la naturaleza de la propiedad”.
La norma precisa que la “función económica social debe entenderse como el empleo sustentable de la tierra en el desarrollo de actividades productivas, conforme a su capacidad de uso mayor, en beneficio de la sociedad, del interés colectivo y de su propietario. La propiedad empresarial está sujeta a revisión de acuerdo con la ley, para verificar el cumplimiento de la función económica y social”.
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