When despotism is legalized, the law fails: a legal perspective

Abstract

Two foreign economic groups have placed themselves in the national market due to a ministerial resolution of the year 2010, which allowed that only medical oxygen of 99% or 100% concentration could be used for human inhalation. However, in order to fulfill the production of such concentrations, the implements to be used are expensive and the national businessmen would not be able to provide enough quantities for their commercialization, especially in health centers.

In the face of the crisis generated by the Covid-19 pandemics, where thousands of people have been affected, and the urgency of counting with enough oxygen tanks, many lives have been lost since the foreign businesses that commercialized it have been unable to cope with the demand, the Peruvian State has decided to emit an urgency decree that allows the use of oxygen of a concentration of 93% only for this year, thus letting national businesses to commercialize it again, which in turn has satisfied the evident demand of this product; nonetheless, once the crisis is over, this production will continue to be in the hands of foreign capitals.