Unconstitutional, because is not attributions of the National Congress to ratify resolutions, but abrir projects and to legislate. Unconstitutional, because all tax matter must be decided in the Congress, and it cannot be delegate in the Executive authority. (75 Art.s. interjection 1 Corresponde to the Congress: To legislate in customs matter. To establish the rights of import and export, which, as well as the valuations on which fall, will be uniform in all the Nation. ) Unconstitutional because she is confiscatory.
(Art.17 the confiscation of goods is always erased for of the Argentine Penal Code. And the Supreme Court through a series of failures in the past, has left seated that, if it is gotten to absorb more of 33% of the rent by a certain number of years, the tax is confiscatory). Destruction of the operating one of the markets of futures: this tax fixes prices maximum, which eliminates volatileness, vital essence of the markets of futures. the scheme of movable retentions generated a reduction of 70% of the negotiated volumes, practically the disappearance of operations for a new harvest (2008/09), the lack of negotiation of options (safe of prices) and the absence of sales on credit in the physical market of the Cereal Bags, indicated the Matba (Market upon maturity of Buenos Aires) and the Rofex (Market upon maturity of Rosary). Concentration of the wealth: pools of sowing in front of the small and medium producers: pool of sowing is a group of investors who rents fields by a determined time, obtaining therefore a greater scale than is translated in smaller costs, major productivity and yield. The majority is financial, exentos trusts of the tax to the gains. The concentration of resources into the hands of the national government: for being a tax that is received on the exports, is not coparticipated the provinces.