On the occasion of the approval by the National Assembly of the Law of Registration and Enlistment for the Integral Defense of the Nation (LRADIN, 2014), which aims to regulate the enlistment for the defense, security and integral development of the Nation; This makes it necessary to update the article published by the subscriber at that time.
This instrument repealed the Law of Conscription and Military Enlistment of 2010.
Like all of its kind, it is a text with application throughout the territory of the Republic; It is intended for natural persons, both Venezuelans and foreigners, legal persons, public and private entities.
It makes a differentiation between citizens between eighteen (18) and thirty (30) years of age, who are likely to perform military service, although it extends the registration and registration obligation up to sixty (60) years. This is what the Law calls an age situation.
Following the constitutional provision, the LRADIN prohibits forced recruitment, for which the official who orders and / or executes it will be sanctioned.
The Fundamental Charter indicates that Venezuelans have the duty to honor and defend the homeland, its symbols, cultural values, safeguard and protect sovereignty, nationality, territorial integrity, self-determination and the interests of the Nation.
On the other hand, it establishes that every person, in accordance with the Law, has the duty to provide the civil or military services necessary for the defense, preservation and development of the country, or to face situations of public calamity. No one can be subjected to forced recruitment.
It is a responsibility of the State, which must be understood as belonging to all levels of the Public Power, even though the National Power is responsible for national security, defense and development, together with the defense and supreme vigilance of the general interests of the Republic, the preservation of public peace and the correct application of the law throughout the national territory; also the organization and regime of the National Armed Forces. It is necessary to remember that the President of the Republic acts with the role of Commander in Chief of the National Armed Forces.
Even though the LRADIN has provided for the civil service modality, it does not specify details.
As normative texts linked to the LRADIN, we can mention the Organic Law of Security of the Nation (2002), it has to be in matters of security, defense and development, it is considered essential to guarantee the definition and administration of comprehensive policies, through action articulated by the national, state and municipal Public Powers, whose guiding principles will be territorial integrity, cooperation, solidarity, concurrence and joint responsibility, in order to execute said policies harmoniously at the different levels and instances of society and thus grant the greater welfare to the population.
The Organic Law on States of Exception (2001) generates the other components of the Public Powers to cooperate with the National Executive for the purpose of carrying out the measures issued during exceptional circumstances.
The Organic Law of the Bolivarian National Armed Forces (2010) aims to establish the principles and provisions that govern the organization, operation and administration of the Bolivarian National Armed Forces, within the framework of co-responsibility between the State and society, as foundation of the security of the Nation.
Although the matter is clearly a national competence, cooperation is required - especially from the municipalities - for its execution, since it is in them that the registration, updating and processing of the procedures are carried out. For the local sphere, it is another matter derived from the so-called concurrent competences and collaboration with the National Power given the nature of the activity.
As part of the organization foreseen for enlistment, the appointment of a municipal representative is required where the headquarters of the military constituency in each state and the Capital District functions.
