Sancionarán con multas o arresto a quienes agredan a médicos o docentes mientras cumplan funciones
Tras consensuar varias iniciativas similares presentadas por legisladores de distintas bancadas, en la sesión extraordinaria de este jueves, el Parlamento chaqueño sancionó con fuerza de ley (Nº 3145 J) la modificación de varios artículos del Código de Faltas de la Provincia, previendo sanciones para quienes ofendan a trabajadores de la Educación y la Salud en cumplimiento de sus funciones.
Para ello se modificó la Ley 850-J (antes Ley 4209) incorporando el artículo 44º Bis, sobre ofensa personal a trabajadores de la educación dentro del establecimiento educativo, cuyo texto establece: “Si el padre, tutor, curador o persona que alegare parentesco de un alumno, hostigue, maltrate, menosprecie, insulte, perturbe emocional e intelectualmente o de cualquier otro modo ofendan a un trabajador de la educación dentro del establecimiento educativo, sea público o privado será sancionado con multa de hasta 2 salarios mínimos, vital y móvil o arresto de hasta 10 días. Las sanciones previstas se elevarán al doble en su mínimo y máximo cuando las contravenciones se cometieran frente o en presencia de los alumnos”.
Mientras que sobre la responsabilidad indirecta de los padres, tutores y curadores, define: “Cuando un alumno menor de edad agreda en forma personal y directa con insultos, mofas o señas, que impliquen un agravio a personal directivo, docente y no docente de los establecimientos educativos de gestión pública y/o privada, en razón de su cargo, y siempre que el hecho no constituyere un delito, sus padres, tutores y curadores serán sancionados con multa desde un o hasta dos salarios mínimos vital y móvil”.
OFENSAS O MALOS TRATOS A PERSONAL SANITARIO
En cuanto a ofensas a personal médico, enfermero, personal de ambulancia o agentes sanitarios, el nuevo texto prevé sanciones para quienes “ofendan o agredan físicamente – sin causar lesiones- y/o verbalmente con gritos e insultos a médicos, enfermeros, personal de ambulancias o agentes sanitarios en efectores públicos o privados, serán sancionados con multas de uno y hasta dos salarios mínimos, vital y móvil o arresto desde 8 hasta 12 días”.
Asimismo, el artículo 68 Bis, se refiere a los malos tratos contra el personal de la Salud: “Serán sancionados con arresto de hasta 30 días o multa equivalente en efectivo de hasta dos remuneraciones mensuales, mínima, vital y móvil o la realización de trabajos comunitarios durante los fines de semana, durante el plazo y con el alcance que en cada caso se determine entre el mínimo de un mes y el máximo de 4 meses, las personas que ocasionen o sometan a un trabajador de la salud sea profesional o no y el hecho tenga lugar dentro del establecimiento donde se desempeña, sea público o privado, o fuera de él, siempre que la conducta esté motivada en razón de su tarea, función o cargo, a malos tratos u hostigamientos físicos o psíquicos, menosprecios, perturbación emocional o intelectual o ejerza actos de violencia física y/o verbal y/o atentados contra el honor o imagen realizado por cualquier medio , siempre que la conducta no encuadre dentro de las normas del Código Penal”.
SOBRE TRABAJADORES QUE CUMPLAN FUNCIONES ESENCIALES
Por último, el artículo 66 Bis, sobre faltas contra trabajadores que cumplan funciones declaradas esenciales por la autoridad pública: “Serán sancionados con trabajo comunitario de 10 a 30 días o multa equivalente en efectivo de 3.500 pesos hasta 20 mil pesos a toda aquella persona que incurra en actos y/o conductas en contra de la dignidad o que ejerciera violencia verbal o física o intimidación contra trabajadores declarados esenciales por la autoridad pública cuando ellos se fundaran en razón de funciones que desempeñan o porque su tarea se desarrolla o presumiblemente se desarrolla en espacios donde puede tener contacto con enfermedades contagiosas”.
El consenso para la aprobación llegó tras un cuarto intermedio oportunidad en que acordaron dar tratamiento a los proyectos presentados por los diputados Jaime Parra Moreno y Clara Pérez Otazú del bloque Frente Integrador (proyecto 804/2020); otro de la diputada del Bloque Justicialista Jessica Ayala (proyecto 805/2020), se sumó una iniciativa del diputado Livio Gutiérrez (6147/18) y una presentada por la diputada Claudia Panzardi (4833/19).
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