Jurisprudencia de la C.S.J.N.: Facultades legales provinciales. Libertad de comercio e industria lícita. Libre circulación de bienes. Confirmación doctrina fallo “Navar S.A.”

“Establecimiento Las Marias S.A.C.I.F.A. cl Misiones, Provincia de si acción declarativa de inconstitucionalidad”,CSJN, 01/09/15.

SUMARIO.- Facultades legales provinciales. Libertad de comercio e industria lícita. Libre circulación de bienes. Confirmación doctrina fallo “Navar S.A.”

La empresa actora cuestionó la constitucionalidad de las facultades provinciales para establecer mediante los arts. 4 a 7 de la ley 4459 la obligatoriedad de envasado de la yerba mate en territorio provincial, la prohibición de la salida de la hoja verde o yerba a granel -salvo que sea autorizada para exportación, y no se fraccione sino en el destino final-, por contrarios a los articulos 1°, 4°, 5°, 6°, 7°, 8°, 9°, 10, 11, 12, 14, 14 bis, 16, 28, 31, 75, incisos 1°, 2°, 10, 13, 15, 18 Y 19; 121,124, 125, 126 y 127 de la Constitución Nacional, la ley 23.548, el Código Aduanero, la ley 18.284 (Código Alimentario Argentino), la ley federal de defensa de la competencia 25.156 y la ley 25.564 (reguladora de la actividad referida a la yerba mate).

Para resolver la cuestión se remitió a la doctrina sentada in re: “Navar S.A.” del 30/12/14. En dicho precedente la Corte sostuvo que la pretensión local era inconstitucional por contraria a la libertad de circulación de bienes y productos, consagrada en texto de la Constitución Nacional.

Sumario realizado por la Dra. Carolina Petraglia

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36 comentarios de “Jurisprudencia de la C.S.J.N.: Facultades legales provinciales. Libertad de comercio e industria lícita. Libre circulación de bienes. Confirmación doctrina fallo “Navar S.A.”

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