Abstract
This article questions Legislative Decree No. 1100, which is a legal tool that constitutes a candid and innocent attempt to fight against illegal mining in our country, an evil that has been plaguing Peru for several decades, from an environmental, health, and economic point of view, which puts the future of our country at clear risk. However, it is considered that severity is not the same as effectiveness, and unfortunately, this norm, in addition to not being effective in terms of its purpose, is unconstitutional, harmful and counterproductive, since it is a potential source of unfair punishments for honest businessmen, benefiting to the dishonest, who find greater justification for minimizing their responsibility by “blundering” with the honest, which totally discourages legal business activity, so urgent in our country.
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