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LAW 477
LAW OF DECEMBER 30, 2013
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has Sanctioned the following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW AGAINST AVASALLNADE
AND LAND TRAFFIC
CHAPTER I
PROVISIONS GENERALS
ARTICLE 1. (OBJECT). This Law is intended to:
Establish the jurisdictional regime that allows the State to protect, protect, and defend private and individual private property, state property, and the tax lands of the
criminal code will be amended by incorporating new criminal types against the land and land traffic in the urban or rural area.
ARTICLE 2. (PURPOSE). This Law is intended to protect the owner's right, public interest, sovereignty and food security, the ability to use it more, and to avoid irregular settlements of populations.
ARTICLE 3. (AVASALLALTIAS). For the purposes of this Law, it is understood by means of the invasions or occupation in fact, as well as the execution of works or improvements, with violent or peaceful incursion, temporary or continuous, of one or several persons who do not credit the property, legal possession, rights or authorizations on individual private property, collective property, state assets, public domain property or tax land.
ARTICLE 4. (COMPETITION). The agro-environmental courts and criminal courts, are
competent to know and resolve the actions established in this Law.
CHAPTER II
AGRI-ENVIRONMENTAL COURT
ARTICLE 5. (EVICTION PROCEDURE).
The eviction procedure in the agri-environmental court will be developed according to the following:
Written or verbal submission of the claim by the affected holder to the Authority The appropriate agri-environment, crediting the owner's right and a succinct relationship of the facts.
Admission of the Demand by the Agro-Environmental Authority on the day.
Pointing, within the deadline Twenty-four (24) hours, day and hour to develop the eye inspection hearing and notification to the or the defendants.
The hearing will be held within the maximum of twenty-four (24) hours since your move, contemplating the extension of time limits. The following procedural acts will be developed at the hearing:
Promotion of voluntary eviction. The reconciliatory path does not imply the waiver of rights.
Determining the appropriate precautionary measures.
Presentation and assessment of the evidence on both sides.
Case of voluntary eviction, by means of a definitive order the maximum period for its execution will be available, as well as the conclusion of the process imposing the payment of damages and costs, where appropriate. In these cases, the criminal action is not the case, except in the case of assets of the state, public domain or fiscal lands.
The hearing and the background, the Agro-Environmental Authority will issue, within the deadline Three (3) days, statement declaring the claim tested and disposing of the eviction, or statement declaring the claim on demand.
The statement declaring the claim will provide a time limit for voluntary eviction that does not It will exceed ninety-six (96) hours. If the voluntary eviction does not take place, it will have a period of time for its execution with an alternative to the aid of the public force if necessary, as well as the sanction established in the Additional Disposition First of this Law, with communication to INRA.
The statement will impose the payment of damages, and costs, as appropriate.
The judgments may be appealed to the Agro-Environmental Tribunal.
II. Solidarity responsibility is established for all those who participated in material support actions or
intellectually.
III. This procedure does not limit other jurisdictional or constitutional actions, they will be processed by
separate.
ARTICLE 6. (PRECAUTIONARY MEASURES). The Agri-Environmental Authority will be able to provide
precautionary measures:
Paralization and suspension of all types of work.
Determination of the custody of the good with the help of the Public Force or Forces Armed, as appropriate.
Preventive means of perpetration.
Other that you consider relevant according to the circumstances.
ARTICLE 7. (EXECUTION OF THE EVICTION). Evictions disposed in sentence that are not met
voluntarily within the established time limits, will be executed by the Bolivian Police within ten (10) calendar days following, under responsibility, except for
III
CRIMINAL SCOPE
ARTICLE 8. (AMENDMENTS).
I. Articles 337 a, 351 a and 351 b are incorporated into the Penal Code, with the following text:
Article 337 a. (LAND TRAFFIC). Which by itself or by third parties leases, negotiates or performs
donations, purchase-sale or swap of individual or collective lands that are not of their property, public domain assets, state or property assets public entities or tax lands in an illegal manner, will be sanctioned with deprivation of liberty of three (3) to eight (8) years.
Article 351 bis. (AVASALLALTIAS). Which by itself or by third parties, by violence, threats,
deception, breach of trust or any other means, will in fact, in whole or in part, occupy or occupy individual, collective, property, or land public assets, assets of the state or public entities or fiscal land, disturbing the exercise of possession or the right to property, will be punished with deprivation of liberty three (3) to eight (8) years.
Article 351 b. (AGGRAVATING FOR LAND AND POULTRY TRAFFIC).
In the case of Articles 337 a and 351 bis, the penalty shall be aggravated by one third when the person committing the offence is or has been a public servant, in particular those of entities related to access to rural and urban land, be repeat or ringleader, or the crime affects urban or rural productive areas, water recharge areas, ecological easements, security strips and other
areas with legal protection.?
ARTICLE 9. (ACTING OF THE PUBLIC MINISTRY).
I. In the crimes of avasallation and trafficking of lands committed against assets of state assets, assets of
public domain or fiscal lands, it will be up to the Public Ministry to promote criminal action.
II. The executed sentence of the Agro-Environmental Authority that declares the lawsuit is proven, will form the basis of the
formal indictment for criminal action.
III. The formal indictment, the process will be processed according to the immediate procedure for flagrant or
concentrated investigation of the Criminal Procedure Code.
ADDITIONAL provisions
FIRST. The person (s) and unit-holders of avasallations and land traffic, declared by
statements and/or administrative decisions executed, as appropriate, may not participate, be beneficiaries of land distribution processes or rights of use and use of resources, for a period of ten (10) years.
.
I. Under Article 396 of the Constitution of the State, no foreign or foreign, under any title,
may acquire land from the State.
II. The prediums of foreigners who do not have antecedent agrarian, will not be the object of recognition of the right of
agrarian property.
III. They recognize and respect the rights of agrarian property of the lands with antecedent agrarian, on the surface
that will fulfill The Social Economic Function.
IV. The recognition and respect of property rights of the national legal holders, on the
surface that complies with the Social Economic Function, up to the limit established in the Constitution of the State.
TRANSITIONAL PROVISION
ONLY. The National Institute of Agrarian Reform? INRA, shall guarantee the exercise of the right of possession and of
property on pregod in the process of consolidation in progress until the registration of the Enforcement Title in Royal Rights, adopting, ex officio or at the request of part, the precautionary measures that are required, as stated in the First Transitional Provision of Law No 3545, except in those processes that are of knowledge of the Agro-Environmental Tribunal.
FINAL PROVISIONS
FIRST. Evictions in areas in the process of sanitation, forest reserves and protected areas are governed
by the current regulations, and the competent administrative entities may apply the provisions of this Law,
SECOND.
SECOND. Public institutions must provide for the economic resources that are conducive to compliance with this
Law.
OPENING AND ABROGATORY DISPOSITION
ONLY. All provisions contrary to this Law shall be abrogated and repealed.
Remitase to the Executive Body, for constitutional purposes.
It is given in the Sessions Room of the Plurinational Legislative Assembly, at twenty-one days of the month of December of two thousand thirteen years.
Fdo. Lilly Gabriela Montano Viana, Betty Asunta Tejada Soruco, Andres Agustín Villca Daza, Claudia Jimena Torres Chavez, Marcelo Elio Chavez, Angel David Cortes Villegas.
Therefore, it has been enacted to comply with the law of the State. Plurinational of Bolivia.
Palace of Government of the city of La Paz, at the thirty days of the month of December of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Carlos Gustavo Romero Bonifaz, Ruben Aldo
Saavedra Soto, Cecilia Luisa Ayllon Quinteros, Nemesia Achacollo Tola, Amanda Davila Torres.
