The Ombudsman He concluded that the consequences were caused by “illegal admission”. New toll section on the Panamericana Norte highwayNewly known Screaming tollas well as an “agreement to completely suspend the rate of payment to the detriment of the User”.
The Ombudsman Concluded that concession agreement was signed between Municipality of Lima (MML) Y Lima Routes SA C is “harmful and violates rights.”
In a document, the autonomous body questioned the lack of an alternative to the unit Screaming toll (in the direction Lima – North) and the prohibition of its installation, which “violates the right to free transportation.”
It analyzed the use of rounding rates in favor of the company and held that it “affects the rights of users and violates property rights”. “All these are expressly prohibited by the political constitution and the current legal framework,” he said.
In that order, the Ombudsman Legislative Decree No. regulating the promotion of private investment through Public-Private Partnerships (PPP) and projects in assets. 1362 was recommended to the Republican Congress to replace it. Prohibition of any contract signed through PPPs from restricting the exercise of state powers such as concession, citizen participation mechanisms and evaluations with a rights approach, as well as the construction, development, qualification or rehabilitation of public infrastructure such as public roads.
“Deal Hurts Users”
According to the company, the damages were caused by the “illegal addition” of the new toll section, known as the Panamericana Norte highway. Screaming tollDirection Lima-North, as well as by “agreement to round off the tariff rate to the detriment of the user”.
“In 2017, there was a protest in the area It was only stopped with the suspension of the new Chillón toll section. This decision of the Commune has created an economic debt to the Metropolitan Municipality of Lima with an offer greater than 216 million soles, which will increase monthly until the end of the offer in 2046, undermining the municipal budget and the service of other needs. of society”, he noted.
Likewise, “the rounding applied to the toll fees illegally agreed in the contract has harmed the users, and in addition to more than seven million soles in favor of Rutas de Lima, it is harmful and violates the right to property. The principle of consumer protection and the balance between the interests of the individual with the interests of society.
The Ombudsman He also noted that “the clauses are violative of Article 65 of the Constitution and Article 44 of the Consumer Protection Act and the agreement does not provide a mechanism for withdrawal of rounding which is harmful to road users and detrimental to the user.”
He added that neither the agreement nor its implementation advance the common good, human dignity, democratic principles, pluralistic coexistence or fundamental rights of the people.
