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00:00♪♪
00:09Let's see this video from Telematutino 11.
00:12Thank you for allowing us to enter your homes
00:15through TeleSistema Channel 11 or the YouTube channel Telematutino11RN.
00:19Happy rainy Thursday.
00:22Good morning, Jaqueline.
00:23Good morning, Ramon. Good morning, Dominican Republic.
00:25Welcome to Telematutino 11 on the morning of this Thursday, May 15th.
00:29As always, well, May is the month of rains, flowers and seas.
00:34So we are, we are exercising.
00:37I forgot to give myself the May bath, the first water,
00:41which is supposed to rejuvenate, they say here in the field.
00:45But you don't need it.
00:48Here we are, gentlemen, as always, we are going to comment on the news.
00:52Also today we have the participation of Yanis Santaella
00:55with his emotional health segment,
00:57Close to you, from the sister republic of Capcana, Punta Cana.
01:02And today we have as a guest, Mr. Domingos Rojas Pereira,
01:06lawyer, president of the Dominican Chamber of Electronic Commerce.
01:11So we invite you to be with us on the morning of this Thursday.
01:15Welcome.
01:16Obviously, the main topic of the day and yesterday was the meeting
01:19of former President Luis Abinader,
01:22of former President Luis Abinader and former President Hipólito Mejia,
01:25Leonel Fernández and Danilo Medina,
01:29where they listened to the speeches of the Minister of Foreign Affairs,
01:35the Director of Immigration, the Minister of Defense,
01:38the Chief of the Army,
01:40and then they met behind closed doors and agreed on four points.
01:45We are going to listen to Jacqueline and kind Mr. Levente Aumero.
01:58As a result of this dialogue, the following was agreed upon.
02:03One, to form joint and bilateral work spaces
02:08for the definition of a national policy on Haiti.
02:14Deliver a periodic report to the former presidents
02:18on the state of national security
02:21regarding the situation in Haiti.
02:25Four, it was agreed to discuss, approve and promote
02:30a unified and coherent foreign policy
02:35on the implications of the Haitian situation.
02:39To achieve this, President Abinader
02:42will hold bilateral meetings in the coming days
02:46with all the former presidents.
02:49Well, that is to say that yesterday the unity began to be built.
02:58Logically, in two hours there would be no agreements,
03:02but there will be other meetings in search of a unified position.
03:08As the four points say, which I recommend that everyone read,
03:12the four points that imply an agreement
03:15between the presidents.
03:18In addition, if you read the statement,
03:21there is a hint of opposition to the migratory policies of President Luis Abinader.
03:27That is, they would agree with what the government has done so far in migratory policies.
03:31I think that President Abinader, if this is done well, will make history.
03:36Not only with the call, and obviously it was a responsibility
03:40of everyone who has held such an important position as President of the Republic,
03:44to be present on a topic that has nothing to do with ideology,
03:47that has nothing to do with a party issue,
03:50or a particular issue, but a country issue,
03:55such as the issue of irregular immigration to the Dominican Republic,
04:00as a result of the crisis of a country in dissolution.
04:04And that greatly affects us, where the international community
04:07has shone for its absence and lack of responsibility,
04:11and helps in this regard.
04:13Now, Ramón, the extraordinary meeting,
04:17the behavior of both President Abinader as host and head of government,
04:23one to one hundred,
04:25the opening of both the former president,
04:28Leonel Fernández, Hipólito Mejía, and Danilo Medina,
04:32excellent too.
04:34The highlighted points there, very good.
04:38But what happens?
04:40You don't have to be an engineer, an expert in the matter of NASA,
04:45or something like that, to know what to do with the issue that concerns us.
04:49The issue that concerns us is that there is a country
04:51that is in a state of certification, of dissolution,
04:56dominated by gangs, by gangs,
04:59where there is nothing,
05:01there really is no valid interlocutor,
05:04where the relations with the countries have been diluted,
05:09including the Dominican Republic.
05:11So, we have to take into account that we are an island,
05:14we cannot be divided in two,
05:16and that Haiti is our second commercial partner,
05:19and that there are important sectors of the country
05:22that depend on that workforce.
05:24Now, we have to be sincere about this,
05:26and we have to have a clear policy.
05:29Now, that clear policy, Ramón,
05:32it is good that everyone agrees,
05:34but the one who has the handle to make the laws of migration,
05:40of what happens at the border,
05:42and of what is executed,
05:44what is agreed,
05:46is the President of the Republic.
05:48All that responsibility falls on him.
05:51But hopefully,
05:52that they reach unified, transparent criteria,
05:55and that it is not an activity with photos,
06:00and that they don't get dizzy with that.
06:02What we want is to see clear results,
06:05a precise, defined position
06:08of what is going to be done from now on,
06:11and now, and in the future,
06:13with the Haitian issue,
06:14because it seems, Ramón, that this is going to take a long time.
06:17Yes, but a great step has been taken,
06:19which is the step of unity.
06:21It is not the same for a government to execute actions
06:25in relation to Haiti,
06:26and you have the opposition questioning some of those points.
06:30This is a country issue,
06:32because Haiti represents the greatest danger
06:34for the Dominican Republic.
06:36And for the region.
06:38I don't believe in the region,
06:39because the problem is that for them to emigrate,
06:41it is difficult for them to emigrate to the United States,
06:43or to emigrate to the Bahamas.
06:45It is more complicated.
06:46We have the problem.
06:48And the Dominican Republic
06:50threatens its future, its stability,
06:54the possibility of progress.
06:56All that is a danger.
06:58If we have the opposition and the United Government,
07:01and also in the Economic and Social Council
07:04agreements are reached that do not involve regularization,
07:08then the country marches together
07:10with an issue that represents, I reiterate,
07:14the main danger
07:16and the main problem of the Dominican Republic.
07:19That is why my article this week,
07:22which was a little ahead of the meeting,
07:24deals with this issue.
07:26We have to see how a kind of formalization
07:29of the workforce is done,
07:31which is required,
07:32but not regularization.
07:34First, because regularization implies a law.
07:37The case of Danilo Medina was a law.
07:39But a regularization paralyzes deportations
07:43and also encourages
07:45new waves of immigrants to come.
07:48And what it is about is
07:50to decrease the number of immigrants
07:52in the Dominican Republic.
07:54To stop, to decrease the Haitian population
07:57and to have in our territory
07:59what is needed for agriculture,
08:02for construction and for other sectors.
08:04Yes, and what they do,
08:06some visa application,
08:08or qualify, I don't know,
08:10in any of the modalities
08:12that have the countries of residence,
08:15or whatever,
08:16the one who qualifies, qualifies.
08:18And the one who does not qualify,
08:20obviously,
08:21should be invited not to come,
08:27not to let him in,
08:28and to leave the country.
08:30Not the invasion.
08:32Another important element of this
08:34is that the pro-Haitian sector is isolated,
08:37which is encased in all the parties.
08:40In each party there is a pro-Haitian sector.
08:43Well, now they have to stay quiet
08:45because all the parties
08:47have assumed a single line.
08:49And even the media area
08:53is also isolated
08:55because it is a unified country
08:57that has decided that we will not allow
09:00Haitians to continue to enter.
09:02We have to see what is pro-Haitian
09:04because I am pro-Dominican Republic
09:08or we are pro-Dominican Republic,
09:10but we also want a better future for Haiti.
09:13And we also want the Haitians
09:15who are here,
09:16whether legal or illegal,
09:18to receive a dignified treatment
09:20and that the corresponding protocols
09:22be exhausted,
09:23either for their deportation
09:25or for whatever,
09:27but to be done with dignity.
09:29I am against any speech
09:31that I do not see as hateful,
09:33as some say,
09:34not hateful,
09:35because to say
09:36that they take out the undocumented
09:38and deport them, for example,
09:40or that they do not let them in
09:41and that they end the business on the border,
09:43that is not a speech of hate.
09:46I tell you the issue of pro-Haitians,
09:48because you have to divide it.
09:50Some are the businessmen
09:51who do not care
09:52that the amount of Haitians enters
09:54because they want that labor,
09:56but you have intellectual sectors
09:58that do not,
10:00that see more deportations,
10:02that do not care
10:04that this country is still full of Haitians,
10:06that do not think that at some point
10:08there will be more Haitians
10:10than Dominicans on this side.
10:11For me,
10:12that person,
10:13I qualify him as pro-Haitian
10:15and we have it in the media.
10:17We have it in the media.
10:18And look Ramon,
10:19there is also a theme
10:20that is national security
10:21and territorial defense,
10:25which I think are very important aspects
10:27that we must keep in mind.
10:29And I repeat,
10:30national security,
10:32that is what worries us so much,
10:34and also the defense of our territory.
10:38Of course,
10:39because with the gangs,
10:40and that is why I propose in my article
10:42that the biometric capture
10:44must be established,
10:46both of those who stay here
10:48and those who are deported.
10:49Because a country cannot have
10:50two million inhabitants
10:52that have not been identified.
10:54That is why when a Haitian kills
10:56a farmer,
10:57he is not caught,
10:58because he crosses Haiti,
11:00guards himself for several days,
11:02returns and goes to work
11:04in another community.
11:06Because the Dominicans
11:08are very identified with the cells
11:10and with our biometric data,
11:11but they are not.
11:13Look, in another order,
11:14quite funny,
11:16I saw that the deputy Sergio
11:18de Moya Górez
11:19is going to subject two communicators.
11:21He has already submitted one.
11:22Yes,
11:23but he is going to submit another one.
11:24I saw him submitting
11:26Chad GTP,
11:28artificial intelligence.
11:29Because when you look for Chad GTP
11:31and he gives you the entire file,
11:33he tells you that he is involved
11:34in Operation Squid,
11:36but that he has not been able to be subjected
11:38because he has parliamentary immunity.
11:40No,
11:41his case was submitted
11:42to the Supreme Court of Justice,
11:44but it has not advanced,
11:45as the case of the
11:46La Vega deputy has not advanced.
11:48But he also mentions it
11:49in a 2001 file
11:51with his brother
11:52for the laundering of assets
11:53and drug trafficking.
11:55That is Chad GTP.
11:57So,
11:58he is going to have to submit,
11:59because those communicators,
12:01what they have said is that.
12:03He is in Squid,
12:04he was the one who collected money.
12:06The one from the bank?
12:08With the bank,
12:09with Mimilo,
12:13I forget the names of the others,
12:15but with,
12:16I think I have them here,
12:18look,
12:20with Mimilo,
12:21with José Antonio Ureña,
12:22with Fernando Crisóstomo,
12:24they were the ones who collected the money
12:26and distributed it,
12:28in the case of Squid.
12:30But he is a deputy
12:31and continues to be a deputy
12:32and won many votes.
12:35Well, look,
12:36when you do an exercise of sincerity,
12:38here you will have to put
12:39many things in their place, Ramón.
12:41I'm going to tell you why,
12:42because,
12:43just as I was interested
12:45recently,
12:46and I confess that entities
12:47that do financial work
12:50of different forms
12:52of collection of resources,
12:54of investments and others,
12:56do what is called,
12:57you know a lot about this,
12:58what is called compliance
12:59or due diligence,
13:00where it is investigated,
13:02I did not know that
13:03that had so much power
13:04and that some companies
13:05have the ethics
13:07and the rigor
13:08of purging
13:09those who make
13:10a small,
13:11large or medium investment,
13:13because
13:14with whom we get together,
13:17with whom we have
13:18commercial relations,
13:20the things we do,
13:21all that goes
13:23and that is properly documented.
13:26And that's why there are people
13:28and there are companies
13:29that say,
13:30no,
13:31that person
13:32or that company
13:33cannot be part of us
13:35because of the reputation.
13:37The political parties
13:39have shone
13:40those who lead the country
13:42and those who are going
13:43to lead the country,
13:44shine for their absence
13:46at the time of the selection
13:47of those who are going
13:48to represent them
13:50and, in turn,
13:51who the population
13:53is going to vote for
13:55so that they are the voices,
13:57their voices
13:58in the National Congress.
13:59And those cases,
14:00those scandals,
14:01until now,
14:02the parties have done nothing, Ramón,
14:04because they continue to appear
14:05from all the parties.
14:06Do you know why they continue
14:07to appear?
14:08Because Don Dinero
14:09continues to prevail.
14:10In a country
14:11where Don Dinero
14:12continues to prevail
14:13and where ethics,
14:14values,
14:15do not matter,
14:16then we are going
14:17to have this kind
14:18of behavior.
14:19I remember
14:20one time,
14:21I'm not going to say
14:22the sin,
14:23I'm going to say the sin,
14:24I'm not going to say
14:25the sinner,
14:26that I asked him
14:27about a person
14:28who was a candidate
14:29for deputy
14:30and who had a file
14:31and that high political
14:32leader told me,
14:33imagine,
14:34Jaquelin
14:35is the one
14:36who has the money.
14:37So,
14:38if that is the thought
14:39of who is going
14:40to govern us,
14:41who is going
14:42to govern us,
14:43what can we demand
14:44from him,
14:45what can we ask?
14:46And then we,
14:47the voters,
14:48the people,
14:49Don Dinero
14:50continues to rule.
14:51Those people
14:52go with a money bag
14:53of chicken,
14:54of pork,
14:55do you remember?
14:56Here they have even
14:57thrown pork, salami,
14:58all the funny things.
14:59But that is in the past,
15:00now in cash.
15:01And in cash
15:02to dissuade
15:03and buy a vote
15:04for the need
15:05that people have.
15:06We have to educate ourselves
15:07and vote more
15:08for consciousness
15:09and all that
15:10is resolved
15:11with more education,
15:12return to the principles
15:13with which
15:14they raised us,
15:15with this respect
15:16that has been
15:17lost over time.
15:18And the regime
15:19of consequences.
15:20Quickly,
15:21yesterday,
15:22Nancy Rodriguez
15:23was on our show
15:24as a guest
15:25and the press,
15:26several times,
15:27highlights her statement.
15:28It seems that,
15:29unfortunately,
15:30they are going to
15:31take out
15:32chapter 4
15:33of the law
15:34of expression
15:35and dissemination
15:36of audiovisual thought.
15:37The part
15:38that deals
15:39with the platforms,
15:40the proposal
15:41of Nancy
15:42is that it be taken out.
15:43And it seems
15:44that that is where
15:45things are going
15:46so that the project
15:47does not succumb.
15:48We thank the media
15:49that gave the credit
15:50to Telemundo 11.
15:51Well, I hope
15:52that what remains,
15:53Ramon,
15:54taking that out,
15:55is really a piece
15:56that has some
15:57different value,
15:58some added value
15:59to what we have.
16:00That's what I want.
16:01And not
16:02out of fear
16:03or not doing things
16:04with the depth
16:05of life,
16:06so that this
16:07segment
16:08that is important
16:09stays out.
16:10We are not
16:11in favor
16:12of one group
16:13or against another,
16:14but that what
16:15comes out of there
16:16is something
16:17that is really
16:18worth it
16:19and that is good
16:20for everyone.
16:21Finally,
16:22bad news
16:23from the United States.
16:24The Republican Party
16:25is submitting
16:26a tax reform
16:27that will increase
16:28the remittances
16:29by 5%.
16:30That is especially
16:31going to be
16:32stronger for
16:33the undocumented
16:34because
16:35the one who is
16:36registered
16:37in Social Security
16:38and who pays
16:39their taxes
16:40will be able
16:41to deduct it.
16:42Now,
16:43the one who doesn't
16:44do it,
16:45like the undocumented,
16:46will not be
16:47able to do it.
16:48That is difficult
16:49to predict
16:50how it will affect
16:51the remittance
16:52income,
16:53but it means
16:54that the
16:55government
16:56is not
16:57able
16:58to
16:59do it.
17:00So,
17:01we are
17:02going to
17:03have to
17:04look at
17:05the
17:06United States
17:07and
17:08the
17:09Republican
17:10Party
17:11and
17:12the
17:13Republican
17:14Party
17:15and
17:16the
17:17Republican
17:18Party
17:19and
17:20the
17:21Republican
17:22Party
17:23legal or illegal, whether they have documents or not.
17:27We're talking about $11 billion for this year.
17:30In Mexico, it's $50 billion.
17:33That will affect the undocumented, but also the documented.
17:37And I didn't understand the part about residents.
17:45There are companies that are starting to complain
17:47because they're going to give them a beating.
17:49The intermediaries.
17:50That's going to be a big beating.
17:52But the ones that are North Americans, they won't have a problem.
17:59And that's where I don't understand.
18:00The ones that have residencies, what will be the treatment?
18:04Or the ones that have been nationalized, will they have a different treatment?
18:08No, no, but however you want, the beating will be aggravated.
18:10What happens is that whoever is a resident and pays taxes,
18:15he will be able to deduce that from his taxes.
18:17Now, the undocumented, even if he pays taxes,
18:20he does it under a special figure in the United States.
18:23They're not going to deduce that from him.
18:25However you want, it's going to be affected.
18:26And another thing, Ramon, now it comes to what are residents.
18:29Before, the issue was more lax.
18:33Now it seems that it comes as a rigor.
18:35You know that there are many residents who have residencies,
18:37the residence card, but who live in the Dominican Republic
18:40or in other nations.
18:42And they go there from time to time.
18:44That's over now.
18:45Now they say, well, if you're a resident,
18:47the one who resides, resides, resides in that country.
18:51And if not, I don't know, he'll have to give up his residency
18:54or go live in the United States in that status.
18:57That's what's left.
18:58I don't know if there's enough time.
18:59If you consider, Ramon, that there's a 48-hour programed strike
19:04in public hospitals.
19:07It seems that there have been cancellations
19:09because I don't know if the National Health System
19:14or the Ministry of Public Health, there I am confused,
19:17has found duplicity and more than duplicity of doctors.
19:24The president of the medical school says,
19:27and I partly share his argument,
19:30that there are specialists who can provide services
19:35in different places.
19:37Multi-employment.
19:38You are here from 8 to 3, I don't know,
19:43and from there to another day, to another schedule.
19:46And it's true.
19:47But as they say in the physical principle
19:50that a body cannot occupy two places in space.
19:54So that's indefensible.
19:57If you are from 8 to 12 in the Robert Ree,
20:01you cannot be from 8 to 12 in the Morgan or in another hospital.
20:05Because not like that.
20:06Or in Medical Net, for example.
20:09And they complain about the lack of incentives
20:11since last year.
20:12Let's say that everything they say is correct.
20:18Hey, Melavía cannot punish the poor.
20:21I saw a TV report there,
20:24the poor complaining,
20:26look, I came from such a far place
20:28and I come now and they can't serve me.
20:30That is, try to negotiate first,
20:33but don't give the poor a slap.
20:35Because when you do a strike,
20:37you give the poor a slap.
20:39Ladies and gentlemen, we are going to commercials,
20:41because it has been a little complicated
20:43to establish communication on the Internet.
20:45With Yanis in front of her.
20:47We are going to the interview with Mr. Domingo Rojas Pereira,
20:50lawyer and the president of the Dominican Chamber of Commerce and Electronics.
20:54There we are going to talk a lot,
20:56on the part of the topic we are dealing with,
20:58about all the laundry and cyber security, etc.
21:09Telematutino 11
21:31The Telematutino 11 interview,
21:33important people and even more important topics,
21:35is accompanied by Mr. Domingo Rojas Pereira,
21:38lawyer, specialist in the areas of civil law and other areas,
21:42but he is also president of the Dominican Chamber of Commerce and Electronics.
21:47Good morning, Domingo.
21:49Good morning to you and good morning to all the television viewers
21:51and to those who are through the Internet.
21:54Yes, good morning.
21:55Right now you were talking about the law of expression,
21:58the diffusion of thought and digital platforms.
22:01Imagine that the television system did not have an online channel,
22:05so that all those who want to see the channel could not see it in the whole world.
22:11Ah, that's another one.
22:12Domingo has also been,
22:14he has appealed in the courts with issues related to lawsuits.
22:20Of course, defamation and injustice.
22:22So he has experience in those areas.
22:23We are going to talk about that.
22:24We are going to talk about that.
22:25But, Domingo, the subject is obligatory.
22:28We can't, the TV would not forgive us.
22:31Let's ask you your opinion about the meeting of the ex-presidents of the ex-presidents
22:35and the points that came to light.
22:38Look, any initiative that is carried out in the country,
22:42especially at that level of ex-presidents and the current president of the republic,
22:46with such a crucial issue, I would say so important,
22:51and from my point of view,
22:54from which the survival or not of the Dominican Republic will depend,
22:59as a functional state,
23:01because, unfortunately, we have a neighboring state,
23:04which is a failed state.
23:05Any initiative in that sense,
23:07I approve it, I greet it.
23:09All I ask is that those things that are agreed
23:12are carried out in the facts.
23:15Because, I don't know if you remember that
23:18at the time of Dr. Balaguer, at 12 years old,
23:20I was very small, but I remember.
23:22No, I remember when you were young.
23:25And it was said that if you wanted something not to work,
23:28to appoint a commission.
23:30And that's where it all ended.
23:32So, any initiative,
23:33I even made a criticism a few years ago
23:36to the Ministry of Foreign Affairs,
23:38which, luckily, was already covered.
23:40And it is that here there was no center
23:43of analysis of the Dominican-Haitian relations
23:47to foresee that situation.
23:49We had to foresee that Haiti was going to enter that storm
23:53and that the state was going to succumb.
23:55Why?
23:56Because no nation that has another as a neighbor
23:59in those conditions,
24:01can plan its development and its future
24:03if it does not analyze the context
24:05that is going to occur with its neighbor.
24:08Domingo, many things,
24:10with the issue of defamation and injustice.
24:13We see that through the networks,
24:15through any platform,
24:17everything is said,
24:19of the people,
24:20and one does not know, in short,
24:22if that is true or not.
24:24Recently, we saw how a group of communicators
24:27filed a complaint against certain people
24:30for the issue that they were accused
24:32of receiving money from the USAID.
24:36And now we see that a congressman,
24:39Congressman Sergio Gori,
24:42is also filing a lawsuit
24:45against two communicators
24:47for things that they have said about their person.
24:50You have experience in the courts
24:53with respect to this.
24:55How is the response
24:57to a lawsuit for defamation and injustice
24:59in the Dominican Republic?
25:00Does that prosper?
25:01Does that waste time, as some say?
25:03What has been achieved?
25:05Look, the first thing we have to have
25:07is a context, and it is the following.
25:09About 12 years ago,
25:11the trend in the world,
25:13and in Latin America above all,
25:15was the decriminalization
25:17of the crimes of the press.
25:19In other words, what the legislator wants
25:21is that a defamation, an injustice,
25:24or any other crime
25:26that damages or tarnishes the honor of a person,
25:29the sanction is purely economic,
25:32that it does not include prison sentences.
25:35So Mexico, 10 years ago,
25:37has a law of expression and defunction of thought
25:39that establishes sanctions
25:41in the pecuniary field,
25:42fines and compensation for the victims.
25:44So that is the global trend.
25:47As for the bill,
25:49or the bill that is being debated right now,
25:52I, contrary to other colleagues,
25:55do not agree that
25:57part of the digital media
25:59be secessioned from that law.
26:01Because currently,
26:02we are being governed by two laws.
26:03The idea was to unify those laws.
26:05We are being governed by law 6133,
26:08of expression and defunction of thought,
26:10which is the old law,
26:11and we are being governed by the law
26:13that mentions electronic crimes,
26:15which, by electronic means,
26:17are classified as defamation and injustice.
26:19You mean, ok,
26:20defamation and injustice are electronic crimes.
26:23In that law.
26:24In that law.
26:25But also for traditional media,
26:26television, radio, etc.,
26:28there is the law that was even debated
26:31in the 80s, right?
26:33Do you remember when La Sociedad de Diarios
26:35brought to the Supreme Court of Justice
26:37an instance saying that this law was unconstitutional?
26:40And then, and what happened, Domingo,
26:41in your experience as a lawyer,
26:43with those cases of defamation and injustice?
26:45Because we have seen here
26:46that some have retracted,
26:47after they have taken a risk,
26:48they say everything,
26:49and then they ask for an excuse
26:51or forgiveness publicly.
26:52But does that really
26:54sublimate the fact?
26:56Does it justify it?
26:58Of course.
26:59And the law works.
27:00You, for example,
27:01came to quote a case
27:03with a lot of connotation
27:06when Hernani Sarasal
27:07sued Dr. Marino Vinicio Castillo,
27:10who the Supreme Court sentenced
27:11to a million pesos.
27:13You have the case of Mr. Ángel Locuar,
27:15who the magistrate Vargas sued him
27:18and he was sentenced to prison
27:20and to compensation of two million pesos.
27:23And I, in the professional exercise,
27:24have taken several cases
27:25where prison sentence has been imposed
27:27and compensation up to five million.
27:30That is, it works to make the claim.
27:31It works perfectly.
27:32It works to make the claim.
27:33It works perfectly.
27:34The complaint and the claim.
27:35Yes, what happens is that many times
27:36the parts that do not have experience in that
27:40there comes a time when the other part
27:42plays the fatigue,
27:43the delay,
27:44the incidents of the processes
27:46and many people are disappointed
27:48because they are not used to that.
27:49But the law works and it applies.
27:51And there are cases,
27:52in the last 20 years,
27:53there are cases to quote a lot.
27:57Hipólito won one, I remember.
28:00No, Hipólito when he sued
28:01the former senator of Peravia,
28:03Winston,
28:05Senator Winston,
28:07what the Supreme Court did
28:09was that a conciliation was proposed
28:12and the senator wrote a retraction
28:17and the case was conciliated.
28:19But in the case that there had not been a conciliation
28:22and the violation of the law was proven,
28:25the senator was going to be sanctioned.
28:27So, the important thing is
28:30that the trend is that,
28:31the decriminalization of the crimes of the press.
28:34If I am a victim of defamation and injury,
28:37the sanction should be pecuniary.
28:39A fine plus the compensation,
28:41according to the court,
28:43depending on the damage I receive,
28:45the magnitude of the damage.
28:47We have also seen communicators
28:48who have been convicted.
28:49Of course, many communicators, of course.
28:52Domingo, in your condition as president
28:54of the Dominican Chamber of Electronic Commerce,
28:57which is a whole world
28:59with artificial intelligence
29:00that will be applied to the courts,
29:03we also have cybercriminality.
29:06Here, companies, banks,
29:08are spending millions of dollars,
29:10but it turns out that cybercriminals go faster
29:13and it becomes more and more difficult.
29:16How do you see that panorama?
29:18As for artificial intelligence,
29:21I have a concern, and it is the following.
29:24And it is that this powerful tool
29:28is in the hands of the private sector.
29:31Notice that all the projects
29:33of artificial intelligence
29:34are being developed by large companies
29:38in the field of electronics and computing.
29:41Meta, ChatGPT, Google, etc.
29:45So there is a concern,
29:47and it is that states regulate,
29:50legislate, so that this valuable tool
29:53that can be used, for example,
29:55in the field of health.
29:57The other day I was going to my ophthalmologist
29:59and he told me that I had to do a study
30:02to see if I had glaucoma at first.
30:05And he told me,
30:06but look, I'm not going to do that.
30:07I'm thinking that I'm going to go to a young person,
30:09his assistant,
30:10who with a machine is going to put it on you.
30:12I said, that's going to be artificial intelligence.
30:14And he tells me,
30:15and there will be more there than me
30:17if you have something else.
30:19So it is a very powerful tool
30:22that states are not recognizing,
30:24that it is not in the hands of the state,
30:27and that the state practically has no control.
30:30There is a work that I recommend,
30:32which was written by an ex-CEO of Google,
30:34which is called The Scary Intelligence,
30:37where he raises the challenges of artificial intelligence
30:41if its use is for purposes that are not holy.
30:47Because just as there is an important use
30:50of information at the medical level,
30:55there can also be a use for war crimes.
30:58So states have to take control of that,
31:00mandatorily.
31:02Currently in the country there is a bill
31:05that the Senate is recognizing,
31:07the commission is chaired by Senator De La Altagracia,
31:10Senator Duluc,
31:11who is going to regulate artificial intelligence.
31:16But it is a very important issue
31:18that I think states should pay more attention to.
31:22And the crimes of cybersecurity.
31:24They are affecting...
31:26I know that this is not said.
31:29When it is in the financial sector,
31:31one finds out,
31:32but logically it is not said.
31:34But it is not said either.
31:35When it is in the public sector,
31:37it is said,
31:38look, they hacked this institution.
31:40Exactly.
31:41Here there is a National Cybersecurity Center
31:43where a series of institutions
31:45such as Indotel,
31:47the Armed Forces,
31:49Optic,
31:50all the organizations that have to do with that area.
31:53But there is a principle in cybersecurity
31:55that is the following.
31:56No system,
31:57no matter how well structured it is,
31:59is invulnerable.
32:01And as you said...
32:03It is not shielded.
32:04It is not shielded.
32:06If you can go to the Pentagon,
32:09the United States,
32:10it will not be a website
32:12of a Dominican Republic public institution.
32:14So,
32:15the principle is
32:18that you reach a level of security
32:21or cybersecurity
32:22that is optimal,
32:23but no system is invulnerable.
32:25And as you said,
32:26cybercrime always goes
32:28one step ahead
32:30of technological advances.
32:32Because I saw in the United States
32:35that many times
32:36those young people
32:37who are computer geniuses,
32:39when they commit this type of crime,
32:41what the State does is that it captures them
32:43so that they work on the other side
32:45preventing possible attacks.
32:48Why?
32:49Because they are valuable young people
32:50and they are computer geniuses.
32:52So,
32:53the important thing is that
32:55institutions,
32:56both public and private,
32:58take all the necessary measures,
32:59but that does not mean
33:00that systems are invulnerable.
33:02It will always happen.
33:04Let's take a short break,
33:05Domingos,
33:06this conversation is interesting
33:07and we still have many issues.
33:08We'll be back in a few minutes.
33:12We continue this morning
33:13on Telematutino 11.
33:14We are talking today
33:16with Mr. Domingos Rojas Pereira,
33:18lawyer
33:19and president
33:20of the Dominican Chamber of Electronic Commerce.
33:22Obviously,
33:23we all want to have
33:25a trusted and experienced lawyer.
33:28And always here
33:29many questions arise.
33:30And as a result of the tragedy
33:32of April 8,
33:34of the Jet Set,
33:35all kinds of conjectures,
33:37of the demands,
33:39that if they are civilians,
33:41if they are criminals,
33:42if they do not proceed
33:45because it is a society
33:47that only includes the disco,
33:49that the other goods are exempt,
33:51and a kind of conjecture
33:53that,
33:54in light of the fact
33:56that they do not understand the law,
33:58creates a lot of confusion.
34:00If you can illustrate to us,
34:02Domingos,
34:03although your experience
34:05is civil,
34:06business,
34:07commercial,
34:08but also in other areas of law.
34:10Look,
34:11civil responsibility in law
34:13starts from a principle,
34:14which is the following.
34:16Anyone who harms another
34:19must be repaired.
34:21But in a particular location,
34:24in this case,
34:25a business,
34:26or a company.
34:27Of course, of course.
34:28In that sense,
34:29that tragedy,
34:30so unfortunate,
34:31that occurred in the country,
34:33obviously,
34:34compromises the responsibility,
34:36not only of the owners
34:38of the establishment
34:39where it occurred,
34:40but also compromises
34:42the responsibility
34:43of the authorities
34:44who had by legal mandate
34:46to supervise the condition
34:48of this structure
34:49and keep it open,
34:51that is,
34:52that the public could use it,
34:54if it met the legal parameters.
34:57It is an irony
34:59that there,
35:01in the club,
35:02two officials
35:03from the Little National City Council died.
35:05Precisely from that area.
35:06From that area,
35:07from the Department of...
35:09But sorry,
35:10the City Council said
35:11not to find their files
35:14What was necessary
35:15was the change of use.
35:16Of course.
35:17With the change of use,
35:18a series of plans had to be made
35:19and things.
35:20Of course.
35:21And it was not done.
35:22Well, I don't know if you remember
35:23that that structure,
35:24there was a cinema,
35:25the cinema,
35:26the portal.
35:27Because remember
35:28that before
35:29there was the same independence
35:30next to the Coca-Cola building.
35:32And then,
35:33about 15,
35:3420 years ago,
35:35they moved that structure
35:37where there was a cinema
35:39in that organization,
35:40the portal,
35:41which was built
35:42by the engineer,
35:43Yarul,
35:44Pablo Yarul.
35:45And that place,
35:46apparently,
35:47was not suitable
35:48for the structure,
35:49for the use
35:50that it was giving,
35:51and especially
35:52the weight
35:53that the roof had.
35:54Because on top of the roof
35:55there were many structures
35:56that obviously
35:57forced the structure.
35:58Domingo,
35:59if we start
36:00from the legal principle
36:01of civil responsibility,
36:02that all damage
36:03caused
36:04in a company
36:05is due
36:06to the use
36:07of the building,
36:08that is,
36:09the use
36:10of the building
36:11in a company
36:12to the person
36:13who was there.
36:14And there,
36:15obviously,
36:16the death
36:17of 235 people
36:18was caused,
36:19and I don't know
36:20how many were injured.
36:21Is it then
36:22the responsibility
36:23of the owners
36:24of the damage?
36:25Obviously,
36:26of the owners
36:27of the damage,
36:28of course.
36:29And it will be deduced
36:30if apart
36:31from the economic
36:32or civil
36:33repairs
36:34that have to be done,
36:35that has criminal implications,
36:36because even there
36:37there are lawyers
36:38of the victims
36:39who have submitted
36:40their cases
36:41in a criminal way.
36:42Others have sued
36:43only in a civil way,
36:44in damages and damages,
36:45right?
36:46But there are other cases
36:47that have been sued
36:48in a criminal way.
36:49So, let's see.
36:50If people asked you
36:51as a lawyer,
36:52what would you recommend?
36:53That they go
36:54in a way,
36:55in a civil responsibility
36:56lawsuit
36:57or in a criminal way?
36:58Look,
36:59if what one wants
37:00is that the case
37:01is known
37:02as soon as possible
37:03and in a more expedient way,
37:04one would have to go
37:05in a civil way.
37:06Because you know
37:07that criminal law
37:08is a law
37:09that is more incidental.
37:10That's why, for example,
37:11I had the complaint
37:12of the people
37:13that say,
37:14hey,
37:15but this corruption process
37:16that started
37:17in the past
37:18period,
37:19no one has yet
37:20obtained a firm sentence.
37:21That's why
37:22criminal law
37:23is more lenient.
37:24Now,
37:25in my opinion,
37:26there the owners
37:27committed their
37:28civil responsibility
37:29and their criminal
37:30responsibility.
37:31Both.
37:32Why?
37:33Because they violated
37:34rules and laws
37:35that they should
37:36comply with
37:37as guarantors
37:38of security
37:39for everyone
37:40who goes there.
37:41Because there,
37:42the owners
37:43also had
37:44a security obligation.
37:45If I have
37:46a public place,
37:47I have to guarantee
37:48all those
37:49who go to that place
37:50security.
37:51And evidently
37:52it was not guaranteed.
37:53So,
37:54there will be
37:55civil aspects
37:56that will have
37:57to be judged,
37:58which are the compensation
37:59for the damages,
38:00but also
38:01criminal aspects,
38:02which are
38:03the violations
38:04that there were
38:05to the laws
38:06that govern the matter.
38:07Going now
38:08to justice,
38:09we have
38:10a new
38:11prosecutor
38:12who replaces
38:13another one
38:14who had
38:15a glamour,
38:16a great fame
38:17as an honest
38:18judge
38:19and also
38:20came out
38:21very well
38:22in the prosecutor's
38:23office.
38:24In your opinion,
38:25what challenge
38:26does Jenny Berenice
38:27have?
38:28Look,
38:29the new
38:30Attorney General
38:31of the Republic,
38:32for me,
38:33will be the
38:34prosecutor
38:35who will have
38:36two years
38:37guaranteed
38:38of exercise.
38:39Now,
38:40what is my
38:41criticism
38:42of the
38:43public
38:44ministry?
38:45It is the
38:46following.
38:47There is
38:48a law
38:49project
38:50that
38:51contemplates
38:52creating
38:53the Ministry
38:54of Justice,
38:55which would
38:56be
38:57the
38:58Ministry
38:59of Justice
39:00that
39:01would
39:02be
39:03the
39:04Ministry
39:05of Justice
39:06that
39:07would
39:08be
39:09the
39:10current
39:11legal consultancy
39:12of the
39:13Executive
39:14Power
39:15in the
39:16Ministry
39:17of Justice
39:18and all
39:19the administrative
39:20burden
39:21that the
39:22Attorney
39:23General
39:24of the
39:25Republic
39:26has,
39:27to transfer
39:28it to
39:29the
39:30Ministry
39:31so that
39:32the
39:33prosecutors
39:34of
39:35the
39:36General
39:37Prosecutor
39:38General
39:39of the
39:40Republic
39:41do not
39:42have the
39:43funds.
39:44But,
39:45obviously,
39:46there is a
39:47situation
39:48that is the
39:49lack of
39:50funds that
39:51the
39:52public
39:53ministry
39:54has.
39:55For example,
39:56many people
39:57do not
39:58know that
39:5925%
40:00of the
40:01current
40:02prosecutors
40:03of
40:04the
40:05General
40:06Prosecutor
40:07General
40:08of the
40:09Republic
40:10do
40:11not
40:12have the
40:13funds.
40:14So,
40:15if they
40:16want to
40:17ascend,
40:18they cannot
40:19because
40:20the position
40:21is not
40:22vacant.
40:23If all
40:24those
40:25prosecutors
40:26are
40:27pensioned,
40:28around
40:2925%,
40:30that would
40:31open a
40:32gap.
40:33And
40:34when you
40:35look at
40:36the
40:37government's
40:38funds,
40:39there is
40:40little hope
40:41that with
40:42a budget
40:43that is
40:44complementary,
40:45it can
40:46change
40:47that
40:48dynamic.
40:49Because
40:50with so
40:51many
40:52priorities,
40:53what
40:54can
40:55we
40:56do
40:57first?
40:58So,
40:59I think
41:00that the
41:01government
41:02will have
41:03many
41:04economic
41:05limitations.
41:06And,
41:07obviously,
41:08economic
41:09resources in
41:10any
41:11situation
41:12are
41:13important.
41:14The
41:15positive
41:16part
41:17is that
41:18I send
41:19a message
41:20to society,
41:21to the
41:22public
41:23ministry
41:24that there
41:25is continuity
41:26in work.
41:27The
41:28magistrate
41:29was with
41:30me
41:31on
41:32the
41:33last
41:34day
41:35when
41:36he was
41:37in
41:38the
41:39prison.
41:40And
41:41I
41:42said to
41:43him,
41:44I
41:45said,
41:46I
41:47said,
41:48I
41:49said,
41:50I
41:51said,
41:52I
41:53said,
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43:24I
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43:26I
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43:28I
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44:08I
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44:10I
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44:12I
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44:14I
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44:16I
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44:18I
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44:20I
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44:22I
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44:26I
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45:00I
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45:04I
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45:06I
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45:08I
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45:10I
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45:12I
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45:14I
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45:16I
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45:18I
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45:20I
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45:22I
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45:24I
45:25said,
45:26I
45:27said,
45:28I
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45:30I
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45:32I
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45:34I
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45:36I
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45:38I
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45:40I
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45:42I
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45:44I
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45:46I
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45:48I
45:49said,
45:50I
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45:52I
45:53said,
45:54I
45:55said,
45:56I
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45:58I
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46:00I
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46:02I
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46:04I
46:05said,
46:06I
46:07said,
46:08I
46:09said,
46:10I
46:11said,
46:12I
46:13said,
46:14I
46:15said,
46:16I
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46:18I
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46:20I
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46:22I
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46:24I
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46:26I
46:27said,
46:28I
46:29said,
46:30I
46:31said,
46:32I
46:33said,
46:34I
46:35said,
46:36I
46:37said,
46:38I
46:39said,
46:40I
46:41said,
46:42I
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46:44I
46:45said,
46:46I
46:47said,
46:48I
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46:50I
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46:52I
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46:54I
46:55said,
46:56I
46:57said,
46:58I
46:59said,
47:00I
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47:02I
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47:04I
47:05said,
47:06I
47:07said,
47:08I
47:09said,
47:10I
47:11said,
47:12I
47:13said,
47:14I
47:15said,
47:16I
47:17said,
47:18I
47:19said,
47:20I
47:21said,
47:22I
47:23said,
47:24I
47:25said,
47:26I
47:27said,
47:28I
47:29said,
47:30I
47:31said,
47:32I
47:33said,
47:34I
47:35said,
47:36I
47:37said,
47:38I
47:39said,
47:40I
47:41said,
47:42I
47:43said,
47:44I
47:45said,
47:46I