As the bus moves forward, a man takes us by surprise. Begins to play his violin. What a wonderful Christmas gift ...
Thursday, December 23, 2010
Sugar Cookies Calories
The first three days in a nutshell! Night observation
Three in one:
I look forward to the door I leave the airport after customs have an in-depth review (Results: No more than a blancmange surprising that requisition). Many faces, a woman with heart-shaped balloons, people just as eager for reunion with their loved ones. Quickly seek the face of my sister, my mother, to my grandmother .... No, not fucking, another time I prefer the emotion in a sigh, again note the reality of now, things are not like before. He pulled out some coins under my mother's cell phone, no answer. 15 minutes later, three calls made, answered. Still come on the bus. I wait. Okay, now things are different. Everything changes.
II
is the night of last year's solstice, the winter. Coincides with a full moon night special, clear. The bathroom in the moonlight floods the street, bodies, covers a silver coat everything. Earlier I offered my mother do a meditation at home, she suggests the beach. Why not, he asks. Sure, I think, if the beach is on the beach! The only one not going is my sister. Witnessing my grandmother, my mother and I met with the times.
The back of a hotel is our place. Darkness attended the meeting, however refulgeante light of the moon illuminates us. I keep two white candles I light in the middle of the triangle formed by the three, they sit in one of those typical tanning benches beach or pool and I in the sand. The sea moves, flies, and in a shiny dark silver jump here and there on the tip of the waves. It looks like a silver rain, as if the stars were at sea, as if the sky were reversed. We close our eyes. Meditate. We are freed from many burdens. When you open your eyes my grandmother said she thought see the sky in the middle of the candles resting on the sand. I really thought we were all in the sky at the time of such beauty.
III
went shopping. My sister, creative curls, has but a few clothes and one pair of shoes. It is not only growing faster than what you buy things, but he is among the morass of adolescent transition. It is no longer a girl, not a girl, and does not like butterflies in the blouses, and do not like pink and light blue colors, and do not want the same type of blouse, and does not like .... blusasssssss it was bought by men's shirts but her parents called to order. Hahaha. Luckily I have not asked me. Leaving
as I said, three hours away by bus to reach the desired commercial center: Dolphin Mall The attitude of "Mamera" laziness, it desobligante attitude, boredom itself extending to us, with an attempt to patiently endure the absolute time. Until the thing breaks, I loose the drama, my mother sends her to hell and she reacts. His attitude improvement. Adolescence divine treasure, I think in a sarcastic way. Lapaulisloveyou talk to a girl, someone to give us a clue: "may not want to buy clothes with her mother and brother, maybe he wants to do it alone or with friends of her age, is already one to that old mom does not want there ", get up look, my mother inside the walk-in closet. What invasion! I understand, I tell my mother. Ahhh, blessed be lapaulisloveyou.
I look forward to the door I leave the airport after customs have an in-depth review (Results: No more than a blancmange surprising that requisition). Many faces, a woman with heart-shaped balloons, people just as eager for reunion with their loved ones. Quickly seek the face of my sister, my mother, to my grandmother .... No, not fucking, another time I prefer the emotion in a sigh, again note the reality of now, things are not like before. He pulled out some coins under my mother's cell phone, no answer. 15 minutes later, three calls made, answered. Still come on the bus. I wait. Okay, now things are different. Everything changes.
II
is the night of last year's solstice, the winter. Coincides with a full moon night special, clear. The bathroom in the moonlight floods the street, bodies, covers a silver coat everything. Earlier I offered my mother do a meditation at home, she suggests the beach. Why not, he asks. Sure, I think, if the beach is on the beach! The only one not going is my sister. Witnessing my grandmother, my mother and I met with the times.
The back of a hotel is our place. Darkness attended the meeting, however refulgeante light of the moon illuminates us. I keep two white candles I light in the middle of the triangle formed by the three, they sit in one of those typical tanning benches beach or pool and I in the sand. The sea moves, flies, and in a shiny dark silver jump here and there on the tip of the waves. It looks like a silver rain, as if the stars were at sea, as if the sky were reversed. We close our eyes. Meditate. We are freed from many burdens. When you open your eyes my grandmother said she thought see the sky in the middle of the candles resting on the sand. I really thought we were all in the sky at the time of such beauty.
III
went shopping. My sister, creative curls, has but a few clothes and one pair of shoes. It is not only growing faster than what you buy things, but he is among the morass of adolescent transition. It is no longer a girl, not a girl, and does not like butterflies in the blouses, and do not like pink and light blue colors, and do not want the same type of blouse, and does not like .... blusasssssss it was bought by men's shirts but her parents called to order. Hahaha. Luckily I have not asked me. Leaving
as I said, three hours away by bus to reach the desired commercial center: Dolphin Mall The attitude of "Mamera" laziness, it desobligante attitude, boredom itself extending to us, with an attempt to patiently endure the absolute time. Until the thing breaks, I loose the drama, my mother sends her to hell and she reacts. His attitude improvement. Adolescence divine treasure, I think in a sarcastic way. Lapaulisloveyou talk to a girl, someone to give us a clue: "may not want to buy clothes with her mother and brother, maybe he wants to do it alone or with friends of her age, is already one to that old mom does not want there ", get up look, my mother inside the walk-in closet. What invasion! I understand, I tell my mother. Ahhh, blessed be lapaulisloveyou.
Wednesday, December 15, 2010
Netopia Wireless Usb Card Ter Gusb2-n
DENATURATION OF AGREEMENT - SUBJECT TO CONTRACT TERM CONTRACT TYPE UNKNOWN - Exp 01783-2008-PA/TC
EXP .
01783-2008-PA/TC
No. AMAZONAS
HANS Wigberto
SORIANO AMPUERO
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, at 1 day of June 2009, the Second Chamber of the Court Constitutional judges composed Vergara Gotelli, Landa Arroyo and Alvarez Miranda, made the following statement
Appeal Case constitutional tort brought by Mr. Hans Wigberto Soriano Ampuero against the decision issued by the Joint Board Utcubamba Decentralized Superior Court of Justice of Amazonas, on pages 142, the date January 4, 2008, which declares inadmissible the petition for relief car .
BACKGROUND On June 18, 2007 the plaintiff brought claim for protection against the Municipal Electric Utility Utcubamba SAC - SAC EMSEU and against the Public Prosecutor of the Provincial Municipality of Utcubamba, requesting reinstatement is available in office Head of Operations and Maintenance Department of EMSEU. States that it has worked for the company located on 3 May 2004 to May 31, 2007, exercising the said head from the January 3, 2005. It also alleges that the activity is played by a permanent nature, being included within the Table of Allocation of Personnel (CAP). The
answer the demand placed on the grounds that the termination of the employment relationship coincided with the expiration of the temporary contract to meet market demand concluded with the appellant, and therefore has not been any dismissal not coming for both labor replenishment of the complainant.
Utcubamba The Mixed Court upheld the application states the grounds that it is undisputed that the claimant has worked since May 3, 2004 until 31 May 2007, and that the position is played in table staffing company located.
revsora The Upper Chamber, reversing the appealed claim declared inadmissible on the grounds that the matter must be determined in administrative proceedings. BASICS
1. According to the criteria procedurability under the demands of private individual working on the foundations established in 7 to 20 STC No. 0206-2005-PA/TC, which constitute binding precedent in accordance with article Preliminary Title VII of the Code of the Constitutional Court considers that in this case is necessary to carry out the verification of alleged unfair dismissal by the appellant.
2. The actor claims that his employment contract subject to the modality has been denatured why should be considered a contract of indefinite duration, because the work for which he was engaged were of a permanent nature and not accidental or temporary In addition, because the square in which he worked is budgeted and included in the Table of Allocation of Personnel of the entity located.
3. At issue then is limited to determining whether the employment contract subject to form signed by the applicant and the site has been denatured for purposes of being considered for an indefinite period, and in view of this, whether the applicant could only be fired for just cause related to his conduct or work capacity.
4. This regard it should be noted that on pages 6 to 12 cars held back substitution contracts, signed under Article 61 of the Consolidated Text of Legislative Decree No. 728, Law of Productivity and Competitiveness Act, approved by Decree Supremo No. 003-97-TR, in which shows that the company located agreed to hire the applicant to carry out the duties of Chief of Operations Department, where he served from January 3 2005. Therefore, this Court must consider whether there has been a distortion of the employment contract, because if the work for which he was hired the applicant are different in nature from those regulated by the modal type of contract held, would have simulated the conclusion of a contract subject to special conditions.
5. As noted employment contracts referred to in the foundation 4, supra, have been held in the form of contract substitution, type of contract governed by Article 61 of the aforementioned consolidated text of the Law on Labour Productivity and Competitiveness as follows:
"Substitution Agreement
Article 61 .- The contract accidental substitution is one signed between an employer and a worker with the object that replaces a company's stable worker whose employment relationship is suspended for any cause under the current legislation or effect of treaty provisions applicable in the workplace. Its duration shall be that necessary in the circumstances.
In this case the employer must reserve the position of the owner, who retains her right to reinstatement in the company, operating with their return timely termination of contract substitution.
In this type of contract are covered coverage of stable jobs, whose owner for administrative reasons must develop temporarily to other duties within the same workplace. "
6. However, the company claims located in its defense of the claim at page 101 that obrante hired the applicant and market needs require it, under Article 58 of the statute referred to above, which provides that
"The temporary contract market needs is one that takes place between an employer and a worker in order to meet short-term increases in production caused by substantial variations in demand in the market even when it comes to work ordinary part of the normal activity of the company and can not be met with permanent staff. This may be renewed successively up to the maximum term provided for in Article 74 of this Law
temporary contracts in the market needs, must contain the objective reason to justify the temporary.
This shall be supported by objective cause temporary and unpredictable increase in the normal rhythm of production activities, excluding changes in cyclical or seasonal nature that occur in some productive activities of a seasonal nature. "(Emphasis added)
7. Accordingly, Regarding the type of contract for which was contracted to the plaintiff, as declared by the entity located, which should be considered a declaration assimilated under the terms of Article 221 of the Code of Civil Procedure, the supplementary application mandated by Article IX of Preliminary Title Constitutional Procedural Code, "it expressly contradicts the contractual arrangement entered into contracts concluded between both parties manner, copies in the file. Furthermore, this College also notes that none of the contracts before the Court noted that these have been concluded on the basis of Article 58 of Supreme Decree No. 003-2009-TR, is said to have been on temporary contracts to meet market demand, much less that has been placed in one of them the objective reason to justify its conclusion.
8. By contrast, those contracts expressly mention the following: "Be it known to this document, the fixed-term contract, subject to special conditions, that under the TUO of the DL 728 (art. 61 º DS TR 003-97 and Section 86 º TR 001-96 DS Productivity and Competitiveness Act Labor) "(emphasis added)." For all the above, these contracts are considered signed in the form of substitution in order to analyze whether there was a simulation course.
9. The contract working in the mode of substitution is aimed at eventual recruitment of replacement staff, ie to replace the absence of a stable worker whose employment relationship is temporarily suspended. This stands as a solution to the employer for not halt their activities during the suspension of relations is based on circumstances or force majeure, allowing a casual hire a worker to perform the work halted. In this case, the defendant does not prove in any way that the applicant has been hired to replace any worker also does not show that the term of the contract the plaintiff has to do with the reinstatement of the worker replaced, so it is concluded that the employer would have simulated the contract subject to special conditions to cover an indefinite term.
10. Thus having established the existence of simulation in the applicant's contract, it must be regarded as an indefinite period, as established in paragraph d) of Article 77 of Supreme Decree No. 003-97-TR, reason , having been dismissed verbally without express cause whatsoever arising from his conduct or capacity to work to justify it, has violated his constitutional right to work and, as is clear from the police finding common ground on pages 48 and 49, there has been groundless dismissal and demand can be estimated.
For these reasons, the Constitutional Court with the authority under the Constitution of Peru
RESOLVED 1. Upheld the complaint.
2. Order under the Municipal Electric Utility Utcubamba SAC - SAC EMSEU reinstate Mr. Hans Wigberto Soriano Ampuero in office he occupied, or any other similar category or level. Published and notifíquese
.
SS. Gotelli VERGARA
LANDA ARROYO ALVAREZ MIRANDA
01783-2008-PA/TC
No. AMAZONAS
HANS Wigberto
SORIANO AMPUERO
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, at 1 day of June 2009, the Second Chamber of the Court Constitutional judges composed Vergara Gotelli, Landa Arroyo and Alvarez Miranda, made the following statement
Appeal Case constitutional tort brought by Mr. Hans Wigberto Soriano Ampuero against the decision issued by the Joint Board Utcubamba Decentralized Superior Court of Justice of Amazonas, on pages 142, the date January 4, 2008, which declares inadmissible the petition for relief car .
BACKGROUND On June 18, 2007 the plaintiff brought claim for protection against the Municipal Electric Utility Utcubamba SAC - SAC EMSEU and against the Public Prosecutor of the Provincial Municipality of Utcubamba, requesting reinstatement is available in office Head of Operations and Maintenance Department of EMSEU. States that it has worked for the company located on 3 May 2004 to May 31, 2007, exercising the said head from the January 3, 2005. It also alleges that the activity is played by a permanent nature, being included within the Table of Allocation of Personnel (CAP). The
answer the demand placed on the grounds that the termination of the employment relationship coincided with the expiration of the temporary contract to meet market demand concluded with the appellant, and therefore has not been any dismissal not coming for both labor replenishment of the complainant.
Utcubamba The Mixed Court upheld the application states the grounds that it is undisputed that the claimant has worked since May 3, 2004 until 31 May 2007, and that the position is played in table staffing company located.
revsora The Upper Chamber, reversing the appealed claim declared inadmissible on the grounds that the matter must be determined in administrative proceedings. BASICS
1. According to the criteria procedurability under the demands of private individual working on the foundations established in 7 to 20 STC No. 0206-2005-PA/TC, which constitute binding precedent in accordance with article Preliminary Title VII of the Code of the Constitutional Court considers that in this case is necessary to carry out the verification of alleged unfair dismissal by the appellant.
2. The actor claims that his employment contract subject to the modality has been denatured why should be considered a contract of indefinite duration, because the work for which he was engaged were of a permanent nature and not accidental or temporary In addition, because the square in which he worked is budgeted and included in the Table of Allocation of Personnel of the entity located.
3. At issue then is limited to determining whether the employment contract subject to form signed by the applicant and the site has been denatured for purposes of being considered for an indefinite period, and in view of this, whether the applicant could only be fired for just cause related to his conduct or work capacity.
4. This regard it should be noted that on pages 6 to 12 cars held back substitution contracts, signed under Article 61 of the Consolidated Text of Legislative Decree No. 728, Law of Productivity and Competitiveness Act, approved by Decree Supremo No. 003-97-TR, in which shows that the company located agreed to hire the applicant to carry out the duties of Chief of Operations Department, where he served from January 3 2005. Therefore, this Court must consider whether there has been a distortion of the employment contract, because if the work for which he was hired the applicant are different in nature from those regulated by the modal type of contract held, would have simulated the conclusion of a contract subject to special conditions.
5. As noted employment contracts referred to in the foundation 4, supra, have been held in the form of contract substitution, type of contract governed by Article 61 of the aforementioned consolidated text of the Law on Labour Productivity and Competitiveness as follows:
"Substitution Agreement
Article 61 .- The contract accidental substitution is one signed between an employer and a worker with the object that replaces a company's stable worker whose employment relationship is suspended for any cause under the current legislation or effect of treaty provisions applicable in the workplace. Its duration shall be that necessary in the circumstances.
In this case the employer must reserve the position of the owner, who retains her right to reinstatement in the company, operating with their return timely termination of contract substitution.
In this type of contract are covered coverage of stable jobs, whose owner for administrative reasons must develop temporarily to other duties within the same workplace. "
6. However, the company claims located in its defense of the claim at page 101 that obrante hired the applicant and market needs require it, under Article 58 of the statute referred to above, which provides that
"The temporary contract market needs is one that takes place between an employer and a worker in order to meet short-term increases in production caused by substantial variations in demand in the market even when it comes to work ordinary part of the normal activity of the company and can not be met with permanent staff. This may be renewed successively up to the maximum term provided for in Article 74 of this Law
temporary contracts in the market needs, must contain the objective reason to justify the temporary.
This shall be supported by objective cause temporary and unpredictable increase in the normal rhythm of production activities, excluding changes in cyclical or seasonal nature that occur in some productive activities of a seasonal nature. "(Emphasis added)
7. Accordingly, Regarding the type of contract for which was contracted to the plaintiff, as declared by the entity located, which should be considered a declaration assimilated under the terms of Article 221 of the Code of Civil Procedure, the supplementary application mandated by Article IX of Preliminary Title Constitutional Procedural Code, "it expressly contradicts the contractual arrangement entered into contracts concluded between both parties manner, copies in the file. Furthermore, this College also notes that none of the contracts before the Court noted that these have been concluded on the basis of Article 58 of Supreme Decree No. 003-2009-TR, is said to have been on temporary contracts to meet market demand, much less that has been placed in one of them the objective reason to justify its conclusion.
8. By contrast, those contracts expressly mention the following: "Be it known to this document, the fixed-term contract, subject to special conditions, that under the TUO of the DL 728 (art. 61 º DS TR 003-97 and Section 86 º TR 001-96 DS Productivity and Competitiveness Act Labor) "(emphasis added)." For all the above, these contracts are considered signed in the form of substitution in order to analyze whether there was a simulation course.
9. The contract working in the mode of substitution is aimed at eventual recruitment of replacement staff, ie to replace the absence of a stable worker whose employment relationship is temporarily suspended. This stands as a solution to the employer for not halt their activities during the suspension of relations is based on circumstances or force majeure, allowing a casual hire a worker to perform the work halted. In this case, the defendant does not prove in any way that the applicant has been hired to replace any worker also does not show that the term of the contract the plaintiff has to do with the reinstatement of the worker replaced, so it is concluded that the employer would have simulated the contract subject to special conditions to cover an indefinite term.
10. Thus having established the existence of simulation in the applicant's contract, it must be regarded as an indefinite period, as established in paragraph d) of Article 77 of Supreme Decree No. 003-97-TR, reason , having been dismissed verbally without express cause whatsoever arising from his conduct or capacity to work to justify it, has violated his constitutional right to work and, as is clear from the police finding common ground on pages 48 and 49, there has been groundless dismissal and demand can be estimated.
For these reasons, the Constitutional Court with the authority under the Constitution of Peru
RESOLVED 1. Upheld the complaint.
2. Order under the Municipal Electric Utility Utcubamba SAC - SAC EMSEU reinstate Mr. Hans Wigberto Soriano Ampuero in office he occupied, or any other similar category or level. Published and notifíquese
.
SS. Gotelli VERGARA
LANDA ARROYO ALVAREZ MIRANDA
Tuesday, December 14, 2010
3 Minutel Funny Speeches
Contracts for work or service can not be used to circumvent protection mandate and job stability - Exp N ° 05859-2009-PA7TC
EXP. No. 05859-2009-PA/TC
AREQUIPA
LUZMILA ANDREA PUMA QUISPE
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, on the 22nd day of June 2010, the First Chamber of the Constitutional Court, composed of Judges Landa Arroyo, Beaumont Callirgos and Alvarez Miranda , made the following statement
Appeal Case
constitutional tort brought by Mrs. Andrea Puma Quispe Luzmila against the decision issued by the First Civil Chamber of the Superior Court of Justice of Arequipa, on pages 332, date October 19, 2009 , declaring unfounded the claim for protection here.
BACKGROUND On January 8, 2009, the plaintiff brought request for defense against Majes Autonomous Authority (AUTODEMA) and the Public Prosecutor in charge of judicial affairs of the Regional Government of Arequipa, requesting his reinstatement in the position he occupied as Vigilante and maintenance personnel at the facilities of Camp Staff Achoma . Successive states having signed employment contracts for specific work or service, for five years and have worked since January 20, 2004 until December 31, 2008, when he was dismissed through a notary public, adds that square is occupied by a permanent nature and has been covered by someone else.
The Regional Public Prosecutor of the Regional Government of Arequipa and the Autonomous Authority Majes (AUTODEMA) Special Project-Siguas Majes independently answer the demand saying that the employment relationship with the applicant was extinguished by the contractual deadline, and that the square is not required in the CAP.
The Sixth Civil Court of Arequipa, dated May 22, 2009, said the claims unfounded considering that the employment contracts signed by the applicant has been established that temporal nature of work performed but not permanent.
The Board confirms the competent Superior appealed, similar basis. BASICS
Hometown demand
1. In response to the criteria procedurability of claims for protection on the individual labor private foundation established in 7 to 20 of the 0206-2005 STC-PA, which constitute binding precedent under the provisions of Article VII of the Preliminary Title of the Code of Constitution, in this case, it is assessing whether the applicant has been subject to arbitrary dismissal. Delimitation of the request
2. The applicant seeks rescission of the dismissal uncaused which has been claiming that their contract of employment was methylated, and, therefore, the reinstatement in their jobs.
analysis of the dispute
3. Paragraph d) of article 77 of Supreme Decree No. 003-97-TR-Law of Productivity and Competitiveness Act, provides that employment contracts are subject to special conditions denature when, among other cases, the worker is evidence of simulation or fraud to the rules established by that body.
4. On pages 74 to 89 and on pages 221 to 258 cars, held employment contracts called for specific work or service and its extensions, signed by the parties, which is evidence that both the title and the third clause is called the contract concluded with the name of contract "for particular work or service", but not required whether the employee will perform a particular work or provide a specific service, assumptions obviously different, on the other hand, assuming the version of the part located in the sense that hired the appellant to provide a specific service, see , however, that the defendant has not met the legal requirement to specify what the service for which the worker is hired, since only limited to the contract is appropriate in some cases, as Assistant A and in others, C and D Technician to perform "(...) in any sector of the scope of the project when so required, (...)"; therefore been omitted specify what the particular service to be met by the worker. It is inferred that in fact the employer uses the above type of contract as an empty formula, for the sole purpose of simulating work of permanent nature like time, incurring, thereby, in the course of denaturation of the contract mentioned in the foundation 3, which brings the contract of the applicant has become an indefinite.
5. The resort to the kind of fixed-term contract for work or service when actually running activities of the regular duties of the employment agency is to be a measure that contravenes labor provisions and principles that protect job security (Article 2, paragraph 15 of the Constitution) and safeguard the workers from arbitrary dismissal (Article 27). Supreme Decree No. 003-97-TR-Law of Productivity and Competitiveness "is a device that, in exceptional circumstances and only in the manner typified, gives the employer the power to summon workers for a specified period (either default or conditioned at the end of a work or service). Its uniqueness is that this device can not be used to circumvent the mandate of protection and job security, otherwise, they would be using a rule as a cover to violate constitutional principles, all of which constitutes an evasion of the law.
6. These behaviors are very common among employers, are not guaranteed by law. The general ban, which takes as its starting point the figure of abuse of rights, analysis is categorical from the Constitution: the Constitution does not protect abuse of the law, an assertion that is in the final paragraph of Article 103 of the Constitution. The figure of abuse of rights, fraud and the law (the prohibition of both) have the property to achieve combat formalism that serves as cover for violating the constitutional legal order. While the abuse of law presents a conflict between on the one hand, the rules that give attributes to the holder of a subjective right, and secondly, the principles that serve as ultimate reasons for their exercise; the legal fraud is the contrast between a rule that gives a power and principle , as such, compliance is mandatory [Atienza, Manuel and Juan Ruiz Manero. Illicit atypical. Second Edition, Trotta, 2006, pp. 58 et seq, 74 et seq]. As compared to both situations, not just a behavior is consistent with the rule of law, but requires that such conduct violates a principle. Emphasizing the primacy of the principles, the Constitution denies the validity of any act contrary to the principled content, although it finds support prima facie rule.
7. That the employer intends to ignore the rights of its employees by the mere invocation of the rules of engagement by the work or service can not be an allegedly covered from the Constitution. As argued, the lawfulness of conduct is not obtained by the mere fact of invoking a legal provision, since it can not be used in isolation or in disregard of constitutional principles.
8. This being so, having established that the parties was a contract for an indefinite period, the applicant could only be stopped or dismissed by the commission of serious misconduct, which has not happened in this case, since his dismissal has been based solely on the will of the employer, constituting, therefore, a dismissal uncaused, that violated labor rights and due process, so demand must be estimated.
9. To the extent that in this case, it is proved that the site has violated the plaintiff's constitutional right to work, corresponds, in accordance with Article 56. No Constitutional Procedural Code, order the payment of court costs, the which must be settled in the implementation phase of this sentence.
For these reasons, the Constitutional Court with the authority under the Constitution Peru's political
RESOLVED 1. Upheld the claim, because it has proved the violation of constitutional rights and due process work, thus annulling the dismissal of the applicant uncaused.
2. And, replacing the previous state of things in violation of the rights claimed, directs the location which, within a period of two working days, reinstate the appellant in the position he occupied before he leaves, with the payment of process costs. Published and notifíquese
.
SS.
LANDA ARROYO
BEAUMONT Callirgos
ALVAREZ MIRANDA
AREQUIPA
LUZMILA ANDREA PUMA QUISPE
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, on the 22nd day of June 2010, the First Chamber of the Constitutional Court, composed of Judges Landa Arroyo, Beaumont Callirgos and Alvarez Miranda , made the following statement
Appeal Case
constitutional tort brought by Mrs. Andrea Puma Quispe Luzmila against the decision issued by the First Civil Chamber of the Superior Court of Justice of Arequipa, on pages 332, date October 19, 2009 , declaring unfounded the claim for protection here.
BACKGROUND On January 8, 2009, the plaintiff brought request for defense against Majes Autonomous Authority (AUTODEMA) and the Public Prosecutor in charge of judicial affairs of the Regional Government of Arequipa, requesting his reinstatement in the position he occupied as Vigilante and maintenance personnel at the facilities of Camp Staff Achoma . Successive states having signed employment contracts for specific work or service, for five years and have worked since January 20, 2004 until December 31, 2008, when he was dismissed through a notary public, adds that square is occupied by a permanent nature and has been covered by someone else.
The Regional Public Prosecutor of the Regional Government of Arequipa and the Autonomous Authority Majes (AUTODEMA) Special Project-Siguas Majes independently answer the demand saying that the employment relationship with the applicant was extinguished by the contractual deadline, and that the square is not required in the CAP.
The Sixth Civil Court of Arequipa, dated May 22, 2009, said the claims unfounded considering that the employment contracts signed by the applicant has been established that temporal nature of work performed but not permanent.
The Board confirms the competent Superior appealed, similar basis. BASICS
Hometown demand
1. In response to the criteria procedurability of claims for protection on the individual labor private foundation established in 7 to 20 of the 0206-2005 STC-PA, which constitute binding precedent under the provisions of Article VII of the Preliminary Title of the Code of Constitution, in this case, it is assessing whether the applicant has been subject to arbitrary dismissal. Delimitation of the request
2. The applicant seeks rescission of the dismissal uncaused which has been claiming that their contract of employment was methylated, and, therefore, the reinstatement in their jobs.
analysis of the dispute
3. Paragraph d) of article 77 of Supreme Decree No. 003-97-TR-Law of Productivity and Competitiveness Act, provides that employment contracts are subject to special conditions denature when, among other cases, the worker is evidence of simulation or fraud to the rules established by that body.
4. On pages 74 to 89 and on pages 221 to 258 cars, held employment contracts called for specific work or service and its extensions, signed by the parties, which is evidence that both the title and the third clause is called the contract concluded with the name of contract "for particular work or service", but not required whether the employee will perform a particular work or provide a specific service, assumptions obviously different, on the other hand, assuming the version of the part located in the sense that hired the appellant to provide a specific service, see , however, that the defendant has not met the legal requirement to specify what the service for which the worker is hired, since only limited to the contract is appropriate in some cases, as Assistant A and in others, C and D Technician to perform "(...) in any sector of the scope of the project when so required, (...)"; therefore been omitted specify what the particular service to be met by the worker. It is inferred that in fact the employer uses the above type of contract as an empty formula, for the sole purpose of simulating work of permanent nature like time, incurring, thereby, in the course of denaturation of the contract mentioned in the foundation 3, which brings the contract of the applicant has become an indefinite.
5. The resort to the kind of fixed-term contract for work or service when actually running activities of the regular duties of the employment agency is to be a measure that contravenes labor provisions and principles that protect job security (Article 2, paragraph 15 of the Constitution) and safeguard the workers from arbitrary dismissal (Article 27). Supreme Decree No. 003-97-TR-Law of Productivity and Competitiveness "is a device that, in exceptional circumstances and only in the manner typified, gives the employer the power to summon workers for a specified period (either default or conditioned at the end of a work or service). Its uniqueness is that this device can not be used to circumvent the mandate of protection and job security, otherwise, they would be using a rule as a cover to violate constitutional principles, all of which constitutes an evasion of the law.
6. These behaviors are very common among employers, are not guaranteed by law. The general ban, which takes as its starting point the figure of abuse of rights, analysis is categorical from the Constitution: the Constitution does not protect abuse of the law, an assertion that is in the final paragraph of Article 103 of the Constitution. The figure of abuse of rights, fraud and the law (the prohibition of both) have the property to achieve combat formalism that serves as cover for violating the constitutional legal order. While the abuse of law presents a conflict between on the one hand, the rules that give attributes to the holder of a subjective right, and secondly, the principles that serve as ultimate reasons for their exercise; the legal fraud is the contrast between a rule that gives a power and principle , as such, compliance is mandatory [Atienza, Manuel and Juan Ruiz Manero. Illicit atypical. Second Edition, Trotta, 2006, pp. 58 et seq, 74 et seq]. As compared to both situations, not just a behavior is consistent with the rule of law, but requires that such conduct violates a principle. Emphasizing the primacy of the principles, the Constitution denies the validity of any act contrary to the principled content, although it finds support prima facie rule.
7. That the employer intends to ignore the rights of its employees by the mere invocation of the rules of engagement by the work or service can not be an allegedly covered from the Constitution. As argued, the lawfulness of conduct is not obtained by the mere fact of invoking a legal provision, since it can not be used in isolation or in disregard of constitutional principles.
8. This being so, having established that the parties was a contract for an indefinite period, the applicant could only be stopped or dismissed by the commission of serious misconduct, which has not happened in this case, since his dismissal has been based solely on the will of the employer, constituting, therefore, a dismissal uncaused, that violated labor rights and due process, so demand must be estimated.
9. To the extent that in this case, it is proved that the site has violated the plaintiff's constitutional right to work, corresponds, in accordance with Article 56. No Constitutional Procedural Code, order the payment of court costs, the which must be settled in the implementation phase of this sentence.
For these reasons, the Constitutional Court with the authority under the Constitution Peru's political
RESOLVED 1. Upheld the claim, because it has proved the violation of constitutional rights and due process work, thus annulling the dismissal of the applicant uncaused.
2. And, replacing the previous state of things in violation of the rights claimed, directs the location which, within a period of two working days, reinstate the appellant in the position he occupied before he leaves, with the payment of process costs. Published and notifíquese
.
SS.
LANDA ARROYO
BEAUMONT Callirgos
ALVAREZ MIRANDA
Request For Donations For Church
Fletes, Changes and Guardamuebles
If you require a competent and specialized service, contact us. We have a fleet of trucks and vans available. We also offer a storage service confidence.
Saturday, November 27, 2010
How To Get Shiny Pokemon On Heart Gold
Yes, and this change .... Blog
Aja, after doing some stuff around here and there, I think it is pretty well the new design and hope to remain so for a while.
The title change it for books I want to raise other issues (there is that referred to it), but mostly of Vampires. The purpose remains the same: to facilitate reading for those who do not have the ability to read certain types of books either are not available where they live or economic issues or just for fun xD
I remember the anniversary of the blog approaches, is 12 December (ex. ..).
I hope to start uploading books to their liking.
And the chat is way down the page. can be used for: simple comments, such as greetings or I that, some sugerecia and lastly, if you seek any particular book may give me the title of the book and the author's name and information buscare taste of a book and I'll post an entry with that, that was titled in such cases: Services. All this ONLY applies to CHAT, not THE COMMENTS ON TICKETS. Needless to say
not allow comments offensive or chat, or comments to entries.
No I can only say that I hope you enjoy the reading! 
^ ^ ^ ^
Aja, after doing some stuff around here and there, I think it is pretty well the new design and hope to remain so for a while.
The title change it for books I want to raise other issues (there is that referred to it), but mostly of Vampires. The purpose remains the same: to facilitate reading for those who do not have the ability to read certain types of books either are not available where they live or economic issues or just for fun xD
I remember the anniversary of the blog approaches, is 12 December (ex. ..).
I hope to start uploading books to their liking.
And the chat is way down the page. can be used for: simple comments, such as greetings or I that, some sugerecia and lastly, if you seek any particular book may give me the title of the book and the author's name and information buscare taste of a book and I'll post an entry with that, that was titled in such cases: Services. All this ONLY applies to CHAT, not THE COMMENTS ON TICKETS. Needless to say
not allow comments offensive or chat, or comments to entries.
No I can only say that I hope you enjoy the reading!
^ ^ ^ ^ Im 36 Weeks Pregnant, Why Is My Poop Green?
VIDEO IN SPANISH ON THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
How To Clean Black Patent Leather Sneakers
Universal Declaration of Human Rights Law
http://www.youtube.com/watch?v=HSgMh2C9qtY&feature=related 
http://www.youtube.com/watch?v=HSgMh2C9qtY&feature=related
Saturday, November 20, 2010
How Much Does A Wedding At Okea Castle Cost
Mujica Lainez II homage to
that is one of the former owners, Mr. Littlemore, was killed on the spot where today is the dining room by her lover wife, and since then his spirit lives in the house. Miroslav Scheuba, a friend shared with Mujica Lainez, claims to have seen me during his stay in "Paradise." Ramón
Heads up, in 1915, the main house, almost on the street, to please his wife who used to sit on the terrace to watch the comings and goings of cars and neighbors, other houses of smaller size, a concert hall, a Botero, the barn, workshop, staff house, a theater, an artificial lake, a gazebo and a swimming pool. The set was built by French architect Leon Dourges, and is surrounded by a magnificent park where harmoniously coexist carat, dahlias, reeds, vines, the oaks, Buxus, numerous fruit trees, laurels, Bruce, Loconte, logging, molles , jasmine, water lilies that populate a source ...
The main house English colonial style reminiscent of Italy, has thirty-three rooms. The inhabited Don Ramón Cabezas Cabezas Pizarro Rosario and her son by her first husband, named Lamb.
According to the memory of those who knew her, Mrs. Rosario Pizarro was a grossly overweight woman, to the point that the mother of Manuel Mujica Lainez-Lucia Mujica Lainez Varela Farias, "he remembered her at the Teatro Colon and occupying an entire box a little heads sticking out behind. " [1]
For a narrow staircase, creaking-wood off the Andalusian patio door, you enter the first floor of the house. The stairway ends at the school desk.
On the desktop there are two opposing furniture, in the library that is on the side of the stairs, Manucho kept in boxes, and sorted alphabetically, correspondence (it is now part of the Department of Rare Books and Special Collections University Princeton, USA) * , the other holds the dictionaries and encyclopedias used as writing. Next to the library of correspondence, under a window, is the desk of Mujica Lainez, and beside it on a table, the old typewriter he used in his years at The Nation and the director gave Journal, Bartolomé Mitre, in retirement. The second library, dozens of pictures break the immaculate white of the wall are framed letters, family photos and family trees illustrated with pictures. Of the latch of the window that is about hanging out Woodstock still paddle used to kill flies that Manucho.
Bedroom
[1] María Esther Vázquez: The World of Manuel Mujica Lainez. Editorial de Belgrano. Buenos Aires, 1982. P. 105
* Manuscripts Division Department of Rare Books and Special Collections at Princeton University bought the professional correspondence of the writer in 1997, four years later, in 2001, also acquired the family
* In Cecil, the writer says, fifty that adorn the walls shanks your bathroom. 
A visit to "Paradise"
Text and photographs by Axel Diaz Maimone
I. - A mansion in Cruz Chica
The house is three kilometers from La Cumbre, in Cruz Chica, a town Punilla Valley. The place is gorgeous, heavenly.
early twentieth century, the English Ramón Cabezas, who had been President of the English Club in Buenos Aires and was married to Rosario Pizarro Cordero widow, bought a plot of twenty acres (from the current Calle Manuel Mujica Lainez, then General Alvear, up in the highlands) a man named Lunsdaine. The land had belonged to one of the first English conquerors who passed through Cordoba and had passed through various hands until it was acquired Cabezas.
The house is three kilometers from La Cumbre, in Cruz Chica, a town Punilla Valley. The place is gorgeous, heavenly.
early twentieth century, the English Ramón Cabezas, who had been President of the English Club in Buenos Aires and was married to Rosario Pizarro Cordero widow, bought a plot of twenty acres (from the current Calle Manuel Mujica Lainez, then General Alvear, up in the highlands) a man named Lunsdaine. The land had belonged to one of the first English conquerors who passed through Cordoba and had passed through various hands until it was acquired Cabezas.
Entry
that is one of the former owners, Mr. Littlemore, was killed on the spot where today is the dining room by her lover wife, and since then his spirit lives in the house. Miroslav Scheuba, a friend shared with Mujica Lainez, claims to have seen me during his stay in "Paradise." Ramón
Heads up, in 1915, the main house, almost on the street, to please his wife who used to sit on the terrace to watch the comings and goings of cars and neighbors, other houses of smaller size, a concert hall, a Botero, the barn, workshop, staff house, a theater, an artificial lake, a gazebo and a swimming pool. The set was built by French architect Leon Dourges, and is surrounded by a magnificent park where harmoniously coexist carat, dahlias, reeds, vines, the oaks, Buxus, numerous fruit trees, laurels, Bruce, Loconte, logging, molles , jasmine, water lilies that populate a source ...
The main house English colonial style reminiscent of Italy, has thirty-three rooms. The inhabited Don Ramón Cabezas Cabezas Pizarro Rosario and her son by her first husband, named Lamb.
According to the memory of those who knew her, Mrs. Rosario Pizarro was a grossly overweight woman, to the point that the mother of Manuel Mujica Lainez-Lucia Mujica Lainez Varela Farias, "he remembered her at the Teatro Colon and occupying an entire box a little heads sticking out behind. " [1]
Exterior view
When Misia Rosario (as Manucho called) decided to swim in the pool of his home in Cruz Chica, brought in an old car to the pool, she dressed down with a large baton and then ran a kind of curtains to prevent anyone seeing her as she enjoyed the contact with the water in the hot days of summer Cordoba. After the bath, sat on the terrace and ceremoniously greeted everyone who passed in front of his house, whether or not known to him or Cabezas.
Many years later, averaging the second quarter of the twentieth century, Don Ramón Cabezas decided to return to his native Spain. Before traveling, left power to his wife and stepson for them to have all their assets in a short time, mother and son squandered his fortune by selling to the furnishings in the house of Cruz Chica.
When heads came back from Spain, six months, was found broken. To try to get out of the economic crisis, was forced to sell Paradise. Shortly after he died in poverty.
The house was bought, then, a man named Parada, who was left an inheritance to their daughters. Stop daughters, their husbands, reformed and expanded the residence. Over time, lotearon the ground and then in 1957, went on sale the house.
Eleven years was the sale sign in " Paradise ", which remained closed and in ruins all that time, with a fleet of six and a half acres had become a thick forest and messy. ***
II .- The Paradise of Manucho
View from the street Manuel Mujica Lainez
In 1968, on October 18, Manuel Mujica Lainez first visited Paradise. I was in Cordoba with his wife, and then started looking for a place to live when he retired from the newspaper La Nación, away from the hustle and noise of Buenos Aires.
As Anita Manucho and toured the house with Laura Saniez and Martin Bartholomew, opening windows and shutters, it was populated mind every room with his books, furniture, antiques, paintings and art objects.
The house cost eight million pesos, an amount Mujica Lainez had not at that time. But anyway, it was Paradise knowing that this was where he wanted to live his last years, and that "sooner or later would be his.
Months later he revisited the house and furnish it with your imagination. At that time decided to buy, and bid in a letter seven million pesos, its owners agreed. However
have lowered the price, Manucho set the mode of payment: early January 1969 would deliver the first million, later this month the second, and the remaining five in April. The first delivery came from author rights and Glori Forti Award he received in 1968, the second from the sale of Portrait of Miguel Carlos Victor, that the painter had given him when he painted in 1948, and the remaining five million, of future royalties and inheritance to Anita.
On 24 February 1969 completed the delivery of keys in the English Gallery of the entrance near the mosaics that play Surrender of Breda. Martin Bartholomew immortalized the event in a series of photographs. On April 19 the writer and his wife ended up paying the house, and then began to organize the move.
In early May, he left the first moving truck, carrying objects and furniture of the house from the street O'Higgins 2150 Buenos Aires, to "Paradise." He was succeeded by another ten.
The move lasted seven months, in which the novelist sat piece by piece in each room in the house, according to sketches he performed, and ordered twenty thousand volumes from the library. Anita was the only person allowed to help Manucho in the hard work of moving house. During the time it took to move, the novelist lost seven kilos and became ill, and that sickness distracted him from his work to the point that for almost two years did not write or publish any book.
While organizing the move, Mujica Lainez wrote the story Punilla Valley and asked the potters Mabel and Maria Castellanos that the copy in blue on a white tile to put in the patio. In turn, commissioned a niece Rosario Pizarro to make ceramic coat of arms of Pizarro to put it in the entry as a tribute to the makers of the place. In December 1969
Manuel Mujica Lainez finally settled in Paradise, along with Anita, her mother and three aunts Lainez (Josefina, Ana Maria and Martha). Since then, the old house Cruz Chica was Manucho's Paradise: there, enjoying the closeness of the mountains and the charm of the house and garden, Manuel Mujica Lainez wrote forty percent of his work, where she lived, and dreamed, surrounded by friends and family there mourned the death of his mother and aunts Josephine and Anna Mary died there in the fall of 1984, and his spirit lingers there, accompanying every visitor looking for him, comes to Paradise. ***
III .- Walking Paradise
The visit to the house begins in the courtyard adjacent to the dining room with a cobblestone terrace beds and a statue gray stone plays Vigier Philibert Achilles found in the Tapis Vert Palace of Versailles.
Achilles Across the inner door with rectangular glasses and black bars, bars that put Manucho and which were donated by Teresa Aguirre Guerrico, passed the smoking-room terrace. In the living room in a corner, is the favorite chair of Mujica Lainez, where he sat smoking and talking with friends after a meal at his side, a round wooden table with religious imagery of yesteryear, then two chairs facing each other, one on each side of the fireplace. Behind the couch left on a narrow wall between the windows, there hung a Komuso cane, just over two meters, which was a mendicant monk eighteenth century Japanese and Mujica brought from his trip to the East in 1940, along with the trail Manchuria funeral that is embedded in the fireplace on the reverse reads a curse for those who stole it: "Nobody dares to touch this stone in the shape of Buddha, which I cut in this month of spring, in a reign of Yuan Dynasty because my curse fall upon him. " On the console there are five huacos anthropomorphic chimney from the Chancay culture were used for tribal rites in the ninth century in Peru. In the same room, two tables allegorical pieces exhibit the works of novelist seven demons out of metal and various beetles of different materials.
Fumoir
fumoir Waterfront is the dining room with an old, heavy wood extending table and chairs around it. On the wall of the head, a piece of furniture belonging to the family of Anita and used to keep the vestments of the priests in the seventeenth century, supports five Oriental porcelain figures, and on the wall is back, three tables: Presentation of the horse, Raúl Soldi, Castel Sant'Angelo, Miguel Carlos Victor, and Hector Basaldúa The hoodlums. To the left of the visitor, front of windows overlooking the terrace, a cabinet built into the wall of the glass keeps the family, and next, an allegorical carpet beetles, which Manucho was not completed but which had already allocated that place- saw much of the wall. Del fumoir
hall goes to the pictures. They hang from the wall paintings and photographs relating to the work of Mujica Lainez, there are also newspaper clippings and framed posters. In the same corridor are the degree of incorporation of Manuel Mujica Lainez to the Academia Argentina de Letras, Alberto Ginastera's telegram on the Prohibition of Bomarzo opera at the Teatro Colon in 1967 ("prohibited relationships Bomarzo a bear. Alberto ") and a telegram in which the Minister of Foreign Affairs of Argentina appoints ambassadors Ginastera and Mujica Lainez, representatives of the culture of Argentina for the premiere of the opera in New York Bomarzo that year. On the door leading to the smoking room hangs a mask of José María Suhurt, an architect friend of Manucho, who represents the Beetle, which was used by Mujica Lainez in a masquerade.
The hallway ends in the room where there were the famous carnival dances with masks made especially for the occasion by Suhurt. In a glass case beside the door to the hallway, there are miniatures and antiques from the family, the other side of the door, a large painting shows the Florencio Varela vest that he wore the day he was assassinated in Montevideo, with a knife, a daguerreotype and a lock of hair cut off writer Jose Marmol when he was killed. In another case embedded in the wall, books and old family documents, and in front of her, a wooden table for cards and a set of chairs by the fireplace. On one side, leaning against a wall, desk campaign that General José de San Martín used in San Lorenzo, and that he gave to the writer's great-grandmother, Rosa Jauregui, and two English chairs of the brother of Manuel Dorrego. On the walls hang more than eighty portraits of ancestors and relatives of Manuel Mujica Lainez and Ana Maria de Alvear Ortiz Basualdo Mujica Lainez, Juan de Garay, Diego and Carlos de Alvear, Miguel Cane, Juan Cruz and Florencio Varela, Felisa Ortiz Basualdo de Alvear, Lucía Mujica Lainez Varela Farias Vincent Cane and many other men and women. Two sculptures dominate the room: they are the heads of Manucho, made by José Fioravanti, and Anita, for Suhurt.
hall goes to the pictures. They hang from the wall paintings and photographs relating to the work of Mujica Lainez, there are also newspaper clippings and framed posters. In the same corridor are the degree of incorporation of Manuel Mujica Lainez to the Academia Argentina de Letras, Alberto Ginastera's telegram on the Prohibition of Bomarzo opera at the Teatro Colon in 1967 ("prohibited relationships Bomarzo a bear. Alberto ") and a telegram in which the Minister of Foreign Affairs of Argentina appoints ambassadors Ginastera and Mujica Lainez, representatives of the culture of Argentina for the premiere of the opera in New York Bomarzo that year. On the door leading to the smoking room hangs a mask of José María Suhurt, an architect friend of Manucho, who represents the Beetle, which was used by Mujica Lainez in a masquerade.
The hallway ends in the room where there were the famous carnival dances with masks made especially for the occasion by Suhurt. In a glass case beside the door to the hallway, there are miniatures and antiques from the family, the other side of the door, a large painting shows the Florencio Varela vest that he wore the day he was assassinated in Montevideo, with a knife, a daguerreotype and a lock of hair cut off writer Jose Marmol when he was killed. In another case embedded in the wall, books and old family documents, and in front of her, a wooden table for cards and a set of chairs by the fireplace. On one side, leaning against a wall, desk campaign that General José de San Martín used in San Lorenzo, and that he gave to the writer's great-grandmother, Rosa Jauregui, and two English chairs of the brother of Manuel Dorrego. On the walls hang more than eighty portraits of ancestors and relatives of Manuel Mujica Lainez and Ana Maria de Alvear Ortiz Basualdo Mujica Lainez, Juan de Garay, Diego and Carlos de Alvear, Miguel Cane, Juan Cruz and Florencio Varela, Felisa Ortiz Basualdo de Alvear, Lucía Mujica Lainez Varela Farias Vincent Cane and many other men and women. Two sculptures dominate the room: they are the heads of Manucho, made by José Fioravanti, and Anita, for Suhurt.
Hall portraits
Crossing the Hall of Portraits, you get to a smaller room where the library preserves part of Mujica Lainez. Salita is the area, where food was served in winter. On the shelves, covered by glass doors, "the books share space with pictures of friends, Victoria Ocampo, Jorge Luis Borges, Silvina Ocampo, Eduardo Mallea, Gabriela Mistral, Alberto Girri, Sara Gallardo, Guillermo Whitelow, Alberto Gerchunoff, Ramon Gomez la Serna, China Zorrilla ... A case keeps oldest specimen of the writer's library: a book published in the Renaissance, in France surrounding individuals dedicated to Manuel Mujica Lainez by Alfonsina Storni and Federico García Lorca, among others. Opposite the library, and around the fireplace, a set of dark wooden chairs and small tables adorned with books and furniture complete the room, whose walls are highlighted boxes Soldi, Basaldúa, Cordiviola, Aldo Sessa and Miguel Ocampo, and a coat of arms set into the fireplace.
For an arcade (guarded by Suhurt mask representing the Unicorn) is passed in the Salita Salita tea plants. It is surprising that there still plants Ana de Alvear, surrounded by paintings and objects d'art. A small table by the window shows the last photo of Manucho in family appear on the printed him, his wife and children (Diego, Ana y Manuel) the day the writer received the Legion of Honor from the hands of SE Ambassador of France in Argentina. Opposite, on a coffee table with glass top are some medals and medals awarded to Mujica Lainez. A showcase stores the complete works of Poe, and the walls are made by leading his own cartoon characters. Some of the curiosities exhibited there are Mujica horoscope charted by Xul Solar, and a wooden tray signed by friends of the novelist: Silvina Ocampo, Adolfo Bioy Casares, Norah Borges, Eduardo Mallea, Susana Aguirre, Lino Enea Spilimbergo, Raquel Forner, Cayetano Cordova Iturburu ...
An arcade allows Salita move from plant to the library of the writer. The walls surrounding the room were covered by two rows of shelves with books and today there are empty spaces occupied by tables. Accumulate on the table lamps, statues and objects Manucho art he collected. Next to a table in an umbrella stand, lie some of the sticks he used Mujica Lainez.
Desktop
Originally, the place of the study was the bedroom Manucho Lucia Mujica Lainez Varela Farias, but when she died (in 1975) his son decided to install hence the library and a desk, making the room in your workplace, where he used to take notes and prepare their drafts in the old book shops of old box. Returning
the plant Salita Salita and tea, reaches the bearing of all that is on one side the staircase leading to first floor, and another door leading to the patio. On the wall of the door, a large painting shows the family trees of Manuel Mujica Lainez and Ana de Alvear de Mujica Lainez. There are also Greek and Russian icons, American colonial art objects and several paintings by Argentine artists (Juan Carlos Bruckman, Miguel Angel Guerra, Nicolás García Uriburu).
the end of the shield is the guest room, fully painted pink and decorated with watercolors of Susana Aguirre. Two ancient iron beds, where they slept China Zorrilla, Alicia Johnston, Federico Peltzer, Hermes Villordo Oscar, Oscar Monesterolo, and Miroslav Scheuba, to name only a handful of names of some of the friends of the writer who visited him there, occupy much of the room.
On the patio or English gallery, a sculpture embedded in the wall is an allegory of Suhurt based on the writer's work, and displays characters in his stories and novels, curiously, the face of the fairy Melusine (of the unicorn) is the Anita, and the demon of laziness, Voyage of the seven demons, is that of Manucho. On another wall, a white tiles history reproduced Punilla Valley written by Mujica Lainez and copied them for the potters Mabel and Mary Cunningham. Few inches above the work, the same wall, is the ceramic that inspired "The tile man" and about these mosaics, others play Surrender of Breda. Instead there are also several objects, an image of Santa Teresa and bronze faun was the fifth in the San Fernando Alvear, Sans Souci, and who accompanied Mujica for years.
The Andalusian patio door, which is the main entrance to the house, is a true work of art: José María Suhurt recreated in bronze to Adam and Eve in Paradise, tempted by the serpent and eating the apple of sin. The iron arch above the door, an old vine grapes continues as delicious as those Manuel Mujica Lainez ate.
the plant Salita Salita and tea, reaches the bearing of all that is on one side the staircase leading to first floor, and another door leading to the patio. On the wall of the door, a large painting shows the family trees of Manuel Mujica Lainez and Ana de Alvear de Mujica Lainez. There are also Greek and Russian icons, American colonial art objects and several paintings by Argentine artists (Juan Carlos Bruckman, Miguel Angel Guerra, Nicolás García Uriburu).
the end of the shield is the guest room, fully painted pink and decorated with watercolors of Susana Aguirre. Two ancient iron beds, where they slept China Zorrilla, Alicia Johnston, Federico Peltzer, Hermes Villordo Oscar, Oscar Monesterolo, and Miroslav Scheuba, to name only a handful of names of some of the friends of the writer who visited him there, occupy much of the room.
On the patio or English gallery, a sculpture embedded in the wall is an allegory of Suhurt based on the writer's work, and displays characters in his stories and novels, curiously, the face of the fairy Melusine (of the unicorn) is the Anita, and the demon of laziness, Voyage of the seven demons, is that of Manucho. On another wall, a white tiles history reproduced Punilla Valley written by Mujica Lainez and copied them for the potters Mabel and Mary Cunningham. Few inches above the work, the same wall, is the ceramic that inspired "The tile man" and about these mosaics, others play Surrender of Breda. Instead there are also several objects, an image of Santa Teresa and bronze faun was the fifth in the San Fernando Alvear, Sans Souci, and who accompanied Mujica for years.
The Andalusian patio door, which is the main entrance to the house, is a true work of art: José María Suhurt recreated in bronze to Adam and Eve in Paradise, tempted by the serpent and eating the apple of sin. The iron arch above the door, an old vine grapes continues as delicious as those Manuel Mujica Lainez ate.
For a narrow staircase, creaking-wood off the Andalusian patio door, you enter the first floor of the house. The stairway ends at the school desk.
On the desktop there are two opposing furniture, in the library that is on the side of the stairs, Manucho kept in boxes, and sorted alphabetically, correspondence (it is now part of the Department of Rare Books and Special Collections University Princeton, USA) * , the other holds the dictionaries and encyclopedias used as writing. Next to the library of correspondence, under a window, is the desk of Mujica Lainez, and beside it on a table, the old typewriter he used in his years at The Nation and the director gave Journal, Bartolomé Mitre, in retirement. The second library, dozens of pictures break the immaculate white of the wall are framed letters, family photos and family trees illustrated with pictures. Of the latch of the window that is about hanging out Woodstock still paddle used to kill flies that Manucho.
For a door located next to the stairs, the room becomes Manuel Mujica Lainez. It is, somehow, a bedroom austere: the iron bed two places where the writer died, an old wooden wardrobe where he kept the most frequently used clothes, a comfortable Elizabethan marble top and mirror, the chaise-longue where Manucho took naps, between the fireplace and the bed, the basket of Balzac (her cat, who died in 1999) and Cecil cushion, populate the room. Above the fireplace is adorned with statues bottles and various objects of artistic paintings on the walls of Suhurt, Basaldúa, Spilimbergo, Soldi, Josefina Robirosa, Victor, Leonor Fini, Asiain, Tiglio, Guerreiro and Santiago Cogorno. On a bench beside the bed are I was reading books before dying Mujica Lainez.
Bedroom
MML
Next to the bath room is full of amulets because Mujica Lainez said it was the site of his house in which she felt more vulnerable because I was naked . On the bathtub, the walls, there twenty-eight shanks (crafts in wood, typical of Brazilian esotericism, to which are attributed powers to prevent the negative forces) *, four open hands, a cast of the hand of the writer and Arab foil to prevent the evil eye. On one side of the tub, the kit with Manucho taking remedies, the other a wooden chest in which Anita painted one of the mazes of her husband. In front of the bathtub, sink and mirror stand. From the ceiling hangs a toy parrot Manucho used by one of the dances that existed in the Hall of Portraits. Wall
through the desktop, the former guest room, on display everyday objects Manuel Mujica Lainez, an English hat, berets, canes, glasses, pen Montblanc bold, rings - including the gold with lapis beetle that inspired his latest novel, The Beetle ", official documents and family and most important awards received by the writer have their place in wooden cabinets with glass lids. Beside the fireplace, hung on the wall, a maze that Manucho he wrote to his wife and a true love poem, below, framed, is the last letter he wrote to Victoria Ocampo, weeks before his death. The rest of the walls are covered with paintings with photos of friends near and far; drawings Mujica Lainez, and some curiosities that he treasured. This is the only room in the house that was totally changed after the death of the novelist.
After the tour of the house, the park awaits visitors. They live together, harmoniously, Carat, dahlias, reeds, vines, the oaks, Buxus, numerous fruit trees, laurels, Bruce, Loconte, logging, pepper trees, jasmine and water lilies not that people are missing a source. They were the hands of the Heads of the Stop and Ana de Alvear which made this combination of plants and shrubs a forest and a lovely garden.
In the gardens of Paradise lie under the plants, animals accompanied homeowners: Cecil, Balzac, Sara and Honey. Cecil was the whippet that he gave his friend Miguel Angel Manucho Carcano, Balzac and Sara, house cats, Honey, the dog he had adopted Anita. However, Balzac and Cecil are the only ones identified: two tiles that are recorded texts and images of Mujica Lainez, testify to what the dog and the cat meant to him.
through the desktop, the former guest room, on display everyday objects Manuel Mujica Lainez, an English hat, berets, canes, glasses, pen Montblanc bold, rings - including the gold with lapis beetle that inspired his latest novel, The Beetle ", official documents and family and most important awards received by the writer have their place in wooden cabinets with glass lids. Beside the fireplace, hung on the wall, a maze that Manucho he wrote to his wife and a true love poem, below, framed, is the last letter he wrote to Victoria Ocampo, weeks before his death. The rest of the walls are covered with paintings with photos of friends near and far; drawings Mujica Lainez, and some curiosities that he treasured. This is the only room in the house that was totally changed after the death of the novelist.
After the tour of the house, the park awaits visitors. They live together, harmoniously, Carat, dahlias, reeds, vines, the oaks, Buxus, numerous fruit trees, laurels, Bruce, Loconte, logging, pepper trees, jasmine and water lilies not that people are missing a source. They were the hands of the Heads of the Stop and Ana de Alvear which made this combination of plants and shrubs a forest and a lovely garden.
In the gardens of Paradise lie under the plants, animals accompanied homeowners: Cecil, Balzac, Sara and Honey. Cecil was the whippet that he gave his friend Miguel Angel Manucho Carcano, Balzac and Sara, house cats, Honey, the dog he had adopted Anita. However, Balzac and Cecil are the only ones identified: two tiles that are recorded texts and images of Mujica Lainez, testify to what the dog and the cat meant to him.
[1] María Esther Vázquez: The World of Manuel Mujica Lainez. Editorial de Belgrano. Buenos Aires, 1982. P. 105
* Manuscripts Division Department of Rare Books and Special Collections at Princeton University bought the professional correspondence of the writer in 1997, four years later, in 2001, also acquired the family
* In Cecil, the writer says, fifty that adorn the walls shanks your bathroom.
Wednesday, November 10, 2010
Japanese Groaping Movies
.... In Repair
Hi I know I've been quite absent from the blog and the silly design is not anything right hallowiensco
xD So, I promise to upload more books more often to the blog and the contest will be in the anniversary and 100 followers.
All week I will find a suitable design for the blog and I PROMISE I will not forsake qeua, maybe nobody is reading this and do not blame them, for it leaves and I put more attention to my other blog, but do not forget the with the purpose to develop this blog and all the joys it has given me, really. I'm going to diners
well next week with reviews, news and new books that I hope you like and ... Reading vampire alive!
* O *
-Laura 
Hi I know I've been quite absent from the blog and the silly design is not anything right hallowiensco
xD So, I promise to upload more books more often to the blog and the contest will be in the anniversary and 100 followers.
All week I will find a suitable design for the blog and I PROMISE I will not forsake qeua, maybe nobody is reading this and do not blame them, for it leaves and I put more attention to my other blog, but do not forget the with the purpose to develop this blog and all the joys it has given me, really. I'm going to diners
well next week with reviews, news and new books that I hope you like and ... Reading vampire alive!
* O *
-Laura
Friday, October 29, 2010
Liposuction For Thighs Hurt?
motivation - to establish rules
2 .- In this regard, it should be noted, first, that the requirement that judicial decisions are motivated in terms of Article 139 paragraph 5) of the Constitution guarantees that the judges or the administration, among others, whatever the instance where they are, must clearly articulate the arguments of law and fact which have led to the settlement of the dispute or legal uncertainty, ensuring that the exercise of its functions are performed subject to the Constitution and the laws issued under that Law.
3 .- As has been pointed out that Collegiate settled law that the right motivation does not guarantee a particular area of \u200b\u200bmotivation, so that the content is respected constitutional, prima facie, whenever there is: a) legal basis, which does not involve the mere mention of the rules to apply to the case, but the explanation and justification of why a case is or not in cases that include such standards; b) congruence between the order and the resolution, which involves the manifestation of the arguments to express the agreement between the judgments of conviction and the claims made by the parties, and c) that itself expresses a consistent and adequate justification for the decision (whether on the applicable law or the facts established), even if it is brief or concise, and presents the course of reasoning by reference.
4 .- In this case, the resolutions issued in the military courts Police which are contained on pages 244 and following, the Supreme Resolution No. 0444-2005-IN/PNP, obrante at page 63, and so acted, it is clear that the main problems facing the case of appellant in that court were confined to the grounds of the facts, specifically, as the plaintiff as alleged in all his writings: A) the problem of determining whether it was notified or not the decision that denied its request for advance rental because if we could properly test that between 1 and 15 September 2001 he met the denial of his request. was fully accredited reluctance to resume service setting and the conduct that prohibits the crime of abandonment of employment, but if not he could prove he knew that rejecting his request is not configured then the aforementioned offense, and B) problem of determining if the appellant's mother was suffering from a serious illness that required the assistance of that, I could set some justification.
6 .- As shown, the bodies of the Military Police Jurisdiction knowledge given by the appellant tried on the denial of his request and thus their reluctance to resume service, without showing what those means were generated evidence that such conviction or without testing whether the case presented a cause of justification as a result of the illness of the mother of the plaintiff, which obviously affects your motivation. In the above act if tested the PNP-Directorate informed Cusco Lima PNP headquarters rejecting the request for advance rental, but not tested if the PNP headquarters Lima communicated this decision to the appellant.
addition to the above, it should be mentioned that the Office No. 651-2010-DIRREHUM-PNP-DIVADLEG-DEPALPR-SECOFI, dated May 20, 2010, addressed to the Constitutional Court by Colonel PNP Nabor Ortiz Melgarejo, appears "(...) that Section Bundles PNP Officers Retreat to review the personal files of Lt. No. 8545 PNP (r) César Augusto MURGA BERTRAM, there is attached the notification by the person indicated on the 04SET01 refusal date issued by Commandant Oscar VILLAFUERTE Tupayachi PNP, Chief of Staff of the X-RPNP-Cusco, on the request for advance rental
(...)"
7 .- accordingly. Having established the involvement of the right to recurrent motivation of the decisions of the Military Court Police issued dated October 1, 2002, January 29, 2003 and November 5, 2004, they must be rendered ineffective and ordered them back to be motivated. It bearing in mind that these decisions of the Military Court Police formed the basis for the issue of Supreme Resolution No. 0444-2005IN/PNP, dated August 9, 2005, it should also be rescinded, and recovering the previous state of things, should appellant ordered the reinstatement of the military courts and other decisions issued police with a right motivation.
For these reasons, the Constitutional Court, in exercise of the powers conferred by the Constitution and State Law
RESOLVED 1. Upheld the appeal for protection and thus nullify the proceedings in military courts Police (Case No. 44001-2002-0041) until the decision of October 1, 2002, and the Supreme Resolution No. 0444 -2005-IN/PNP. Order reinstatement of appellant to the National Police Peru and that the Police Military Court handed down a sentence again reasoned that addresses the applicant's arguments and rule as stated in the foundation 6, supra. Published and notifíquese
.
SS. MESSIAH
RAMÍREZ
BEAUMONT Callirgos
ETO CRUZ 
EXP. No.
05562-2008-PA/TC
LIMA CESAR AUGUSTO
BERTRAM MURGA
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, this 25th day of October 2010, the First Chamber of the Court Constitutional assistance of Messrs. Mesia Magistrates Ramirez, Beaumont Eto Callirgos and pronounce the following sentence Cruz
SUBJECT
Appeal lodged a constitutional tort by Don Cesar Augusto Beltran Murga, against the First Civil Chamber of the Superior Court of Lima, on pages 731, date May 27, 2008, which confirmed the appeal declared unfounded the claim for protection here.
BACKGROUND On April 29, 2005, plaintiff brought claim for protection against the Ministry of Interior, Territorial Police Directorate X Cuzco, the First Court of Permanent Instruction of the Fourth Judicial Zone of Cuzco, the Superior Council Justice of the Judicial Zone IV of the National Police of Peru - Cuzco, and the Supreme Council of Military Justice, in order to be declared inapplicable if the resolutions, sanctions and other measures taken by these bodies that have corm therefore its termination of the police.
argues that in his capacity as member of the National Police of Peru (PNP Deputy - home Cusco) made use of their vacation up to 21 days, from 10 to 31 August 2001 in Lima, and to the poor health of his mother, dated August 31 asked the Personnel Department of the National Police permit 15 days on account of holidays in 2002. That request, he claims, was not rejected but rather, was accepted by Mayor Carlos Victor Yaypen PNP Uribe who informed the X-RPNP your order Cusco "Be served" (sic), which appears in the Radiogram No. 5706-DIRPER-DIVCOPER-DVPC/SE-PNP. Despite the above, was administratively and criminally liable for abandonment of employment ", which ultimately has led to his move to retirement, so estimated to have violated their rights of defense, to petition, and their right to work.
On 14 September 2005, the appellant attached a copy of Supreme Resolution 0444-2005-IN/PNP, dated August 9, 2005, which resolved: i) passing the appellant of the status of activity of Busy causal judicial conviction, and ii) moving to the state of retreat from the date of issue of the resolution, having been found guilty of involvement on call twice on the grounds of judicial conviction.
On May 24, 2006, the Public Prosecutor in charge of judicial affairs of Military Justice, disputes the claim by deducting the exception of prescription, obscurity or ambiguity in the way of bringing the case, lack of standing, and res judicata, suggesting the absence of an irregular process.
On May 26, 2006, the Public Prosecutor in charge of judicial affairs of the Ministry of Interior for its part, disputes the claim by deducting the exception of prescription, incompetence and darkness in the way of submitting the application, and that the resolution in question was issued in strict application of the law and regulations.
Also, on June 21, 2006, the Examining Magistrate of the First Permanent Permanent magistrate of the Supreme Council of Justice of the Fourth Judicial Police Area Cuzco answer the complaint stating that carried out the relevant legal proceedings, and that all times due process was respected.
Fifth Civil Court of the Superior Court of Lima, dated March 20, 2007, said demand for cars unfounded, considering that no one appreciates the involvement of constitutional law, since it has acted within the framework of the Constitution and observing the rules applicable to the case. The appeal for his part confirmed the appeal on the same grounds. BASICS
1 .- After reviewing the record reflects that the appellant's claim turns primarily on challenges to the Supreme Resolution No. 0444 - 2005-IN/PNP, dated August 9, 2005, which resolves to spend retired having been found on call twice on the grounds of judicial conviction, also questioning judgments in the military courts Police (Case No. 44001-2002-0041), which he was convicted the crime of abandonment of employment, following the events between September 1 and 15 2001. Alleging infringement of the right to due process, petition, and to work.
05562-2008-PA/TC
LIMA CESAR AUGUSTO
BERTRAM MURGA
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, this 25th day of October 2010, the First Chamber of the Court Constitutional assistance of Messrs. Mesia Magistrates Ramirez, Beaumont Eto Callirgos and pronounce the following sentence Cruz
SUBJECT
Appeal lodged a constitutional tort by Don Cesar Augusto Beltran Murga, against the First Civil Chamber of the Superior Court of Lima, on pages 731, date May 27, 2008, which confirmed the appeal declared unfounded the claim for protection here.
BACKGROUND On April 29, 2005, plaintiff brought claim for protection against the Ministry of Interior, Territorial Police Directorate X Cuzco, the First Court of Permanent Instruction of the Fourth Judicial Zone of Cuzco, the Superior Council Justice of the Judicial Zone IV of the National Police of Peru - Cuzco, and the Supreme Council of Military Justice, in order to be declared inapplicable if the resolutions, sanctions and other measures taken by these bodies that have corm therefore its termination of the police.
argues that in his capacity as member of the National Police of Peru (PNP Deputy - home Cusco) made use of their vacation up to 21 days, from 10 to 31 August 2001 in Lima, and to the poor health of his mother, dated August 31 asked the Personnel Department of the National Police permit 15 days on account of holidays in 2002. That request, he claims, was not rejected but rather, was accepted by Mayor Carlos Victor Yaypen PNP Uribe who informed the X-RPNP your order Cusco "Be served" (sic), which appears in the Radiogram No. 5706-DIRPER-DIVCOPER-DVPC/SE-PNP. Despite the above, was administratively and criminally liable for abandonment of employment ", which ultimately has led to his move to retirement, so estimated to have violated their rights of defense, to petition, and their right to work.
On 14 September 2005, the appellant attached a copy of Supreme Resolution 0444-2005-IN/PNP, dated August 9, 2005, which resolved: i) passing the appellant of the status of activity of Busy causal judicial conviction, and ii) moving to the state of retreat from the date of issue of the resolution, having been found guilty of involvement on call twice on the grounds of judicial conviction.
On May 24, 2006, the Public Prosecutor in charge of judicial affairs of Military Justice, disputes the claim by deducting the exception of prescription, obscurity or ambiguity in the way of bringing the case, lack of standing, and res judicata, suggesting the absence of an irregular process.
On May 26, 2006, the Public Prosecutor in charge of judicial affairs of the Ministry of Interior for its part, disputes the claim by deducting the exception of prescription, incompetence and darkness in the way of submitting the application, and that the resolution in question was issued in strict application of the law and regulations.
Also, on June 21, 2006, the Examining Magistrate of the First Permanent Permanent magistrate of the Supreme Council of Justice of the Fourth Judicial Police Area Cuzco answer the complaint stating that carried out the relevant legal proceedings, and that all times due process was respected.
Fifth Civil Court of the Superior Court of Lima, dated March 20, 2007, said demand for cars unfounded, considering that no one appreciates the involvement of constitutional law, since it has acted within the framework of the Constitution and observing the rules applicable to the case. The appeal for his part confirmed the appeal on the same grounds. BASICS
1 .- After reviewing the record reflects that the appellant's claim turns primarily on challenges to the Supreme Resolution No. 0444 - 2005-IN/PNP, dated August 9, 2005, which resolves to spend retired having been found on call twice on the grounds of judicial conviction, also questioning judgments in the military courts Police (Case No. 44001-2002-0041), which he was convicted the crime of abandonment of employment, following the events between September 1 and 15 2001. Alleging infringement of the right to due process, petition, and to work.
2 .- In this regard, it should be noted, first, that the requirement that judicial decisions are motivated in terms of Article 139 paragraph 5) of the Constitution guarantees that the judges or the administration, among others, whatever the instance where they are, must clearly articulate the arguments of law and fact which have led to the settlement of the dispute or legal uncertainty, ensuring that the exercise of its functions are performed subject to the Constitution and the laws issued under that Law.
3 .- As has been pointed out that Collegiate settled law that the right motivation does not guarantee a particular area of \u200b\u200bmotivation, so that the content is respected constitutional, prima facie, whenever there is: a) legal basis, which does not involve the mere mention of the rules to apply to the case, but the explanation and justification of why a case is or not in cases that include such standards; b) congruence between the order and the resolution, which involves the manifestation of the arguments to express the agreement between the judgments of conviction and the claims made by the parties, and c) that itself expresses a consistent and adequate justification for the decision (whether on the applicable law or the facts established), even if it is brief or concise, and presents the course of reasoning by reference.
4 .- In this case, the resolutions issued in the military courts Police which are contained on pages 244 and following, the Supreme Resolution No. 0444-2005-IN/PNP, obrante at page 63, and so acted, it is clear that the main problems facing the case of appellant in that court were confined to the grounds of the facts, specifically, as the plaintiff as alleged in all his writings: A) the problem of determining whether it was notified or not the decision that denied its request for advance rental because if we could properly test that between 1 and 15 September 2001 he met the denial of his request. was fully accredited reluctance to resume service setting and the conduct that prohibits the crime of abandonment of employment, but if not he could prove he knew that rejecting his request is not configured then the aforementioned offense, and B) problem of determining if the appellant's mother was suffering from a serious illness that required the assistance of that, I could set some justification.
5 .- Notwithstanding the clear identification of the problems that had become controversial matter in the military courts Police, the decisions adopted in it, in different instances, established, among other reasons as follows (folio 244, 245 and 249): (...)
FOURTH: It is proven that the fourth day of September of year two thousand one, the Chief of Staff of the Tenth Police Region of Cusco, merit of Radiogram number five hundred sixty-five-XR.PNP.EMR.R1. (4) of 04SET01 (...) informed the Chief of Staff Control Personnel Management PNP.Lima, making known that the request of the defendant BERTRAM MURGA, had been denied by the Chief PNP.Cusco Tenth Region, with the shortage of officers, asking for immediate reinstatement of the said defendant, as is seen from the administrative part of one to five (...). folio
FIFTH .- It is established that the accused Deputy National Police of Peru César Augusto MURGA BERTRAM, personally, on its own accord and without permission of the superiority, by granting the permission slip, took fifteen days leave on account of holidays for the year two thousand two (...)
FOURTH: It is proven that the fourth day of September of year two thousand one, the Chief of Staff of the Tenth Police Region of Cusco, merit of Radiogram number five hundred sixty-five-XR.PNP.EMR.R1. (4) of 04SET01 (...) informed the Chief of Staff Control Personnel Management PNP.Lima, making known that the request of the defendant BERTRAM MURGA, had been denied by the Chief PNP.Cusco Tenth Region, with the shortage of officers, asking for immediate reinstatement of the said defendant, as is seen from the administrative part of one to five (...). folio
FIFTH .- It is established that the accused Deputy National Police of Peru César Augusto MURGA BERTRAM, personally, on its own accord and without permission of the superiority, by granting the permission slip, took fifteen days leave on account of holidays for the year two thousand two (...)
6 .- As shown, the bodies of the Military Police Jurisdiction knowledge given by the appellant tried on the denial of his request and thus their reluctance to resume service, without showing what those means were generated evidence that such conviction or without testing whether the case presented a cause of justification as a result of the illness of the mother of the plaintiff, which obviously affects your motivation. In the above act if tested the PNP-Directorate informed Cusco Lima PNP headquarters rejecting the request for advance rental, but not tested if the PNP headquarters Lima communicated this decision to the appellant.
addition to the above, it should be mentioned that the Office No. 651-2010-DIRREHUM-PNP-DIVADLEG-DEPALPR-SECOFI, dated May 20, 2010, addressed to the Constitutional Court by Colonel PNP Nabor Ortiz Melgarejo, appears "(...) that Section Bundles PNP Officers Retreat to review the personal files of Lt. No. 8545 PNP (r) César Augusto MURGA BERTRAM, there is attached the notification by the person indicated on the 04SET01 refusal date issued by Commandant Oscar VILLAFUERTE Tupayachi PNP, Chief of Staff of the X-RPNP-Cusco, on the request for advance rental
7 .- accordingly. Having established the involvement of the right to recurrent motivation of the decisions of the Military Court Police issued dated October 1, 2002, January 29, 2003 and November 5, 2004, they must be rendered ineffective and ordered them back to be motivated. It bearing in mind that these decisions of the Military Court Police formed the basis for the issue of Supreme Resolution No. 0444-2005IN/PNP, dated August 9, 2005, it should also be rescinded, and recovering the previous state of things, should appellant ordered the reinstatement of the military courts and other decisions issued police with a right motivation.
For these reasons, the Constitutional Court, in exercise of the powers conferred by the Constitution and State Law
RESOLVED 1. Upheld the appeal for protection and thus nullify the proceedings in military courts Police (Case No. 44001-2002-0041) until the decision of October 1, 2002, and the Supreme Resolution No. 0444 -2005-IN/PNP. Order reinstatement of appellant to the National Police Peru and that the Police Military Court handed down a sentence again reasoned that addresses the applicant's arguments and rule as stated in the foundation 6, supra. Published and notifíquese
.
SS. MESSIAH
RAMÍREZ
BEAUMONT Callirgos
ETO CRUZ
Monday, October 11, 2010
The Best Wrestling Bedrooms
Soon .....
Hi ^ ^
As you know, October has started! more scary month of the year and of course, the blog also wears Muahahahaha terrrificamente
Expect the new xD design;)
-Laura SOON
Hi ^ ^
As you know, October has started! more scary month of the year and of course, the blog also wears Muahahahaha terrrificamente
Expect the new xD design;)
-Laura SOON
Hyundai Corporation Web Cam
Texture pop-surrealist and art of irony
PHOTO: Pini-pon and refrescola (c) by Nicholas Antonioli
By Nicholas Antonioli
PHOTO: Pini-pon and refrescola (c) by Nicholas Antonioli By Nicholas Antonioli
"Although the current Argentina poetry does not tend to look literary tradition, turns his speech to the mass media, using social discourse, some other speeches echoing music can be an easy generalization between current poets of that nation. If still in poetic literary markets tend Argentina consumed the books of the "monsters" literary (Girondo, Borges, Pizarnik, Orozco, Lamborghini, etc.) the young contemporary poetry tends to spread through reflective value, its "new" proposals. However, for a poetry that looks back to its tradition, what is? ".
Parra Manuel Aguilar, Mexican poet (1982) asks us to that comment about how will this mix of proposals that we offer the new poets of Argentina. In open dialogue between peers are doing a thorough analysis of what is written today in our country, but not by visual an author of previous generations but by poets belonging to the same generation to which we belong, is characteristic that a foreign poet theorize about what we write and even more to have our own age. Some critical texts are published in the journal line cosmonaut (Mexico).
The themes are always rich and complex, but have seen a thread that engages in relationship situations that show at least a common trend: ironic about the world and its actants , taking elements of childhood as a starting to revive in the rereading of the poem, the creative act, as if each line is described herself, but without falling into details, will try to put those elements in a state endowed with playful language that nobody would dare to say. Is to emphasize that these poets of the new century bring a social burden in addition, since most were born or at least lived their childhood in a democracy. There is also an encouragement to mobilize certain nerves, to irritate, to awaken the other with an air or turbulence laden freedom, but through concrete actions, performances, virtual magazines, blogs, groups. Poetry these writers manage to convey the liberation that have seen their eyes. The thread I referred to above is no doubt: the irony. Parts of the poem interact with the reader comes to him spontaneously and without realizing the poem pokes or corrupted, it generates a state of identification, at least partially, but clear and straightforward, thanks to that attribute of ironic dialogue with the language of advertising or neo-pop (painting), to some extent. It is important to distinguish between "tradition" and "traditional", for which at this point one can sense that we are a continuation of the first but refused and beaten to the second. The poetry is beginning now, is submerged, diving at this time in the unattainable, takes as its own all of discarding elements of s. XX, reuses for its stylistic purposes, the poem is built for resources rhetorical linked but are essentially rhetorical concretions, each poem separately acts as an extended metaphor that does bienherir. These concepts and words have not changed, what has changed is the use that is given to the smallest unit of shock: the verse.
names abound in this new scenario poetic disclosure to all offended. Tuesday, October 5, 2010
Nys Unemployment Certify
`` Blue Moon''by Francine L. Zapater
Synopsis (the author's words):
`` Blue Moon''is a story about first love, simply. Who has not lost his head by the cute guy in class? Who does not fail the legs, the heart is beating wild and breathtaking it when that guy talks to you? My book is the story of the life of Estela, a teenager about to graduate, that twist of fate known the boy of her dreams and falls in love with him. But history is not so simple, because life is not simple. Erik, the attractive exchange student, who puts Estela life upside down, is a mysterious boy, cold, unreachable, hiding a big secret, and if anyone finds out could have irreparable consequences for humans. Estela thus does not count on is that she will be the discoverer of such a secret while Erik and his brother Luke falls in love with history ella.Una source deTamaño love, doubt, jealousy, secrets, danger and dreams are fulfilled when you are fighting for them. That is my message, no impossible dreams and unattainable boys. "
Download: http://www.luna-azul.com/LunaAzul.pdf
Facts:
" The book is not complete, since still not published on paper, just for the network. "Until now
autroa has written two more books: Sand Storm and Sea of \u200b\u200bSerenity, the latter still not finished writing.
-is strongly advised. Personally reads quickly and is great 8)
For more information visit the facebook book
http://www.facebook.com/pages/Pagina-de-Luna-Azul-la-novela-de-Francine
-L-Zapater/145822797594 Here you can tell the author and see pictures and a beautiful video, really: they recommend.
-Laura 
Synopsis (the author's words):
`` Blue Moon''is a story about first love, simply. Who has not lost his head by the cute guy in class? Who does not fail the legs, the heart is beating wild and breathtaking it when that guy talks to you? My book is the story of the life of Estela, a teenager about to graduate, that twist of fate known the boy of her dreams and falls in love with him. But history is not so simple, because life is not simple. Erik, the attractive exchange student, who puts Estela life upside down, is a mysterious boy, cold, unreachable, hiding a big secret, and if anyone finds out could have irreparable consequences for humans. Estela thus does not count on is that she will be the discoverer of such a secret while Erik and his brother Luke falls in love with history ella.Una source deTamaño love, doubt, jealousy, secrets, danger and dreams are fulfilled when you are fighting for them. That is my message, no impossible dreams and unattainable boys. "
Download: http://www.luna-azul.com/LunaAzul.pdf
Facts:
" The book is not complete, since still not published on paper, just for the network. "Until now
autroa has written two more books: Sand Storm and Sea of \u200b\u200bSerenity, the latter still not finished writing.
-is strongly advised. Personally reads quickly and is great 8)
For more information visit the facebook book
http://www.facebook.com/pages/Pagina-de-Luna-Azul-la-novela-de-Francine
-L-Zapater/145822797594 Here you can tell the author and see pictures and a beautiful video, really: they recommend.
-Laura
Thursday, September 30, 2010
Cardrecovery 5.30 Working
Fund.3 period of contributions - Case Tarazona Valverde - Exp . 04762-2007-PA/TC No. - Fund. 26 - Principle of prevalence
BACKGROUND On July 7, 2006 the plaintiff brought claim for protection against the Office (ONP), requesting that it declare inapplicable 0000040058-2005-ONP/DC/DL Resolution No. 19990, dated May 10, 2005, and that therefore be granted pension pursuant to Article 47. of Decree Law No. 19990, with the payment of pensions accrued and statutory interest.
The demand answers located on the grounds that the applicant does not meet the requirements of Article 47., Decree Law No. 19990 to be eligible for a pension from the special pension scheme because they were not born before July 1, 1931.
Fifth Special Civil Court of Chimbote, dated March 5, 2007, hereby demand based in part on the grounds that the applicant demonstrate that they have complied with the requirements Article 44., Decree Law No. 19990 to access an early retirement pension.
The appeal, quashing the appeal, declared unfounded claim, holding that the plaintiff intends to prove his years of contributions with a certificate of employment who are not eligible for recognition of years of contributions under Article 54. Of Supreme Decree N. º 011-74-TR. BASICS
1. § Source of demand and delimitation of the request
1. On the basis 37 of the 1417-2005 STC-PA, published in the official gazette El Peruano on July 12, 2005, this Court has stated that part of the content directly essential to the fundamental right protected by the pension laws that establish the requirements for their production, and ownership of the right claimed must be sufficiently established to make it possible to issue a finding of merit.
2. The plaintiff claims that the resolution in question violates their fundamental right to a pension, because it does not recognize their contributions made after August 21, 1964 until May 22, 1992, by Electro Ceramics Chimbote, so he requests to be recognize the contribution period and be granted pension pursuant to Article 47., Decree Law No. 19990. Consequently, his claim is included in the case provided the foundation 37.b) of that sentence, why should analyze the merits of the issue.
3. For its part, the ONP submits that there is a physical impossibility to prove all contributions made after August 21, 1964 until May 22, 1992, by Electro Ceramics Chimbote, because the revision of its forms is only able to observe and recognize the contributions from 1971 to 1974, one week in 1979, and several weeks between 1985 and 1992.
4. Delimited in this way the terms of debate, the Constitutional Court, given the increasing recurrence of this issue, consider should review its jurisprudence on the evidence that can prove periods of contributions that are considered by the NPO as years of contributions are not accredited, saying that they have not been conclusively proven or that there is physically impossible to accredit.
This is because a large number of processes that are designed under the guidance of the fundamental right to a pension, the dispute centers on whether the applicant has the period of contributions required by law to access to pensions requested, which always involves the need to assess the adequacy, probity and effectiveness of the evidence submitted by the parties to determine whether or not the applicant is complying with the years of contributions, because the fundamental right to a pension is a legal configuration.
5. Also, please note that the fundamental right to a pension has the nature of social law, and as such requires public authorities required to provide adequate benefits for the purpose of addressing the basic needs and living of pensioners to enable them to achieve and adequately meet the exercise of the right to a dignified life.
To this end, the following topics: a.
The proof in the absence of constitutional and evidentiary stage
B.
Who is responsible for withholding and payment of contribution? C.
How do you test for contribution periods? D.
Rules for testing periods of contributions
2. § The test in constitutional processes
6. The test in constitutional processes, as in any other kind of process or procedure, aims to establish or determine the existence or nonexistence of relevant facts or litigation that are relevant to the decision. The test should be oriented towards the search for decisions to be fair, should be based on a true determination of the facts asserted by the parties in the process, which, after the acts postulatorios (demand response), is controversial and relevant to the decision.
7. Thus, in the constitutional process has the function test to prove or establish that the threatened violation alleged by the plaintiff is certain and imminent implementation, or that the alleged infringement of fundamental rights has been produced in a real and effective, or that has become irreparable. This
order that the judge in sentencing, as estimated, may order the reinstatement of the previous state of things, or provide that the notice does not re-engage in the acts or omissions that led to the filing of the complaint, and when rejected, may condemn the plaintiff to pay costs and expenses in the event that action was manifestly frivolous.
8. In this sense it is the parties should provide the facts to the process. This means that the parties, slip and distributes the burden of proving the facts in the process. Thus the plaintiff has the burden of proving the facts asserted to support its claim, while the defendant has the burden of proving the facts and contradicting claims.
2.1 § The absence of evidence-gathering stage in constitutional processes
9. According to Article 9. º Constitutional Procedural Code (CPConst.), in constitutional processes no evidentiary stage. Only from the evidence that no action is required, which does not preclude the conduct of evidentiary proceedings that the judge deems necessary, without affecting the duration of the process.
10. The absence of evidence-gathering stage in the process of protection is derived from the purpose and object of the process because it did not elucidate the ownership of a right, as in others, but only resets the exercise to a manifestly arbitrary involvement or unreasonable. Therefore, in order to be able to issue a ruling on the merits, we must not only not be in discussion of ownership of the constitutional right that is allegedly infringed, but even one who claims to have been affected in the exercise of proving the existence of the act in question. This means that ownership of the right whose violation or threatened violation is alleged to be certain and indubitable, and not disputed or doubtful.
11. Hence, the protection is a process in which the judge has, in essence, to act evidence, but only to judge the legitimacy or illegitimacy of the act constitutional reputed as harmful, since, as a way of urgent protection, this process requires fast, easy and effective. Therefore, the process is under the performance test immediate, instantaneous and self-attached when demand or answered.
12. That is why, in need of protection can not be elucidated claims which are designed to return a fundamental right whose ownership is uncertain or disputed, or that are based on contradictory facts, or controversial, or requiring the administration of evidence complex. However, this does not prevent the Court may request the performance of complex evidentiary proceedings when deemed necessary and essential for determining the constitutional legitimacy or illegitimacy reputed injurious act.
3. § Responsibility for the withholding and payment of
contributions
13. Regarding the responsibility for the withholding and payment of contribution, it should be noted that Decree Law No. 19990 on the premise that the employer acts as a withholding agent, that is, as it is appropriate to retain the contribution made the worker and deliver it to the competent authority. Therefore, Article 11., Decree Law No. 19990 provides that:
Employers and socially owned enterprises, cooperatives or the like, are required to withhold employee contributions required in the pawnshop secured payment and surrender their salaries to Social Security in Peru, together with such employers or companies must pay for the term set by the Regulation, within one month following the date on which the job quickly. If the liable persons the opportunity retuvieren not indicated the contributions of its employees, liable for payment, without the right to deduct these.
14. Should also be noted that Decree Law No. 19990 contribution considered as periods of days, months and weeks that provide or have provided services for workers, even if the employer had not paid contributions to the management body, to have it withholding agent status. Thus, in the original wording of the first paragraph of article 70. No provided that:
compulsory insurance for periods of contribution are the months, weeks or days to pay, or have provided services that create the obligation to pay the contributions referred to in Articles 7 to 13, even if the employer or the socially owned enterprise, cooperative or similar, would not have made the payment of contributions (emphasis added).
However, the original wording of the first paragraph of Article 70., Decree Law No. 19990 was amended by the Fourth Transitory and Final Provision of Law No. 28991, eliminating the phrase "even if the employer or company socially owned, cooperative or similar, would not have made the payment of contributions "to read as follows:
compulsory insurance for periods of contribution are the months, weeks or days to pay, or have served that create the obligation to pay the contributions referred to in Articles 7 to 13.
15. However, taking into account the new wording in first paragraph of Article 70., Decree Law No. 19990 is imposed whether the modification in question has been deleted irrebuttable presumption that it is considered effective contributions to the retention of the contribution made by the employer a worker's compensation is not paid to the managing entity. To resolve this issue note the position of the worker, the employer and manager in labor relations, social security withholding and payment of contributions to the National Pension System.
16. Regard, the Court considers that the amendment of Article 70., Decree Law No. 19990 does not affect the liability of employers for withholding and payment of contributions to the national pension system, because although the new wording has been deleted the phrase "even if the employer or the socially owned enterprise, cooperative or similar, had not made payment of contributions, this does not imply that the retained and unpaid contributions are treated as contributions not made, on the contrary, the contributions withheld and not paid by employers should be regarded as actual contributions, for the modification in question has no bearing quality employers and withholding agents of employee contributions.
17. It should be borne in mind that in terms of retention and payment of contributions to the National Pension System, the employee occupies a position of disadvantage, although he made the contribution, the employer who retains and actually paid before the managing body, ie is solely responsible for entering that contributions to the pension fund. For its part, the employer, to act as withholding agent, takes an advantage with respect to employees by fall in their actions the possibility that contributions be made effectively, since it can retain the worker's compensation but not to pay to the managing body, because the employee insured as required, plays the role of inaction and, therefore, is released from liability for the deposit of contributions to the management agency. This also means that the managing body against the employer maintains a position of advantage, as it may impose a fine for non-payment de aportaciones retenidas o exigirle mediante los procedimientos legales el cobro de las aportaciones retenidas.
18. Por lo tanto, los asegurados obligatorios del Sistema Nacional de Pensiones nunca se encuentran en la posibilidad efectiva de realizar directamente el pago de sus aportaciones a la entidad gestora, razón por la cual las aportaciones retenidas pero no pagadas al Sistema Nacional de Pensiones serán consideradas para determinar el total de años de aportaciones, pues su pago es responsabilidad exclusiva del empleador.
19. Ello quiere decir que el incumplimiento de la obligación de abonar las aportaciones por el empleador no puede perjudicar al trabajador, ya que si existe incumplimiento en este aspecto, ONP or competent institution must use the collection procedures and penalties provided by law to charge the employer contributions withheld and not paid. Consequently, in all cases had been adequately tested the employment relationship, should match the period of work as the period of effective contributions to national pension system.
20. Also bear in mind that from the date of enactment of Law No. 27334 and Supreme Decree No. 039-2001-EF non-payment of contributions is a problem of labor between the tax- collecting agency of the ONP-now, the Superintendencia Nacional de Administración Tax-and the same employer.
And, as noted by the Ombudsman, the lack of verification of the cash contribution is a tax problem between the employer and SUNAT, oblivious to the worker, the collecting entity having its own tools to enforce their collection [1].
4. § Proof of periods of contributions to constitutional jurisprudence
21. In this regard, the criteria set by the Constitutional Court was to consider employment certificates submitted in original, certified copy or single copy, as evidence sufficient to prove suitable and periods of contributions that have been considered by the ONP such contributions are not credited.
This because, after a joint reading of articles 11. No. 70., Decree Law No. 19990 the Court concluded that, in the case of compulsory insurance, months weeks or days to pay, or have provided services that create the obligation to pay benefits are considered as periods of actual contributions, although the employer had not made the payment of contributions, because it is obligated to retain workers . Moreover, this argument has been strengthened with the appointment. Article 13 of Decree Law No. 19990, which states that the ONP is required to initiate the procedure coercive if the employer fails to make payment of the aforementioned contributions.
This line of jurisprudence has been consistently and uniformly by this Court is reaffirming, after the amendment of Article 70., Decree Law No. 19990, as has been based on the previous basis.
22. However, it should be noted that from this jurisprudential approach during the development processes in pensionary under this Court has been detected, among other cases, in which they have submitted false documents to prove years of contributions are not recognized by ONP.
Thus, in the STC 09560-2006-PA/TC the Constitutional Court rejected the request by Mr. Roger Aguinaldo Vera head against the ONP and ordered to send a copy of the statement and relevant to the Attorney General acted because the data entered in one of the certificates submitted by the plaintiff were untrue. In this regard it was noted that:
On the first certificate of employment, it should be noted that the data contained in can not be true, as the notary in question was dismissed by the Notarial Council Resolution No. 005 - 93-JUS/CN, dated July 20, 1993. Therefore, the applicant could not work in the notary referred to the July 30, 1995, because Don Daniel Alejandro Céspedes Marin was removed from office of notary in the year 1993.
23. On the other hand, we also note that during the development of processes under in pensionary, the Court was able to detect other cases in which the plaintiff, to establish periods of contribution, presented certificates of work that have been issued by third parties or labor certifications that are contradictory in content.
4332-2005-PA/TC In the STC, the Court declare the petition for habeas corpus filed by Mr. Heraclio Barranzuela Cienfuegos against ONP, because the work presented certificates to prove that 20 years had contribution to access a pension, had been issued by third parties and were contradictory. In this sense, to dismiss the lawsuit stated: (...)
warns at page 65 of the booklet made before this Tribunal, a work certificate signed by Manuel Rangel Castro, claiming to be former employee of the office Yapatera the former hacienda, it was owned by Mrs. Josephine McDonald Czech widow, a certificate stating that the appellant worked for the said estate from 1950 to 1971, but also on the record, at page 6, another work certificate signed by Miguel Torres Carrasco - annexed by the appellant along with this demand - which is dated May 2004, who also claims to be a former employee (general pointer) of the former hacienda Yapatera Agricultural Company SA and that it was owned by Mrs. Joseph Mc Donald Czech. According to this certificate, the appellant worked for the said estate from 1953 until December 30, 1957. With these documents the applicant seeks to demonstrate that it meets the 20 years of contributions needed to get her pension, however, to be signed by parties other than his former employer could not be taken as evidence to prove their employment relationship . Moreover, we see a contradiction between them: while the document stated in page 6 states that the appellant worked from 1953 until December 1957 in the said property, the document stated in page 65 of the booklet made before this Court, contends that he did since 1950 to 1971. That is, not only its validity is in question but also its accuracy, making it impossible to establish with them or the employment relationship or the time actually worked to determine the years of contributions which would have been unknown to the plaintiff (...) .
24. Finally, it should be noted that during the development processes in pensionary under this Court has also been detect cases in which the applicant seeks the recognition of years of contributions without presenting any evidence indicating that clears.
Thus, in the STC 10465-2006-PA/TC, the Court declare the petition for habeas corpus filed by Mr. Edilberto Dueñas Coronado against ONP. In this case, the applicant requested to be granted a total of 33 contributions, instead of the 27 years of contributions that had recognized the ONP. In discussing the dispute, the Court dismissed the application because:
(...) to establish those years of contributions, the plaintiff ha [d] attached was no evidence (certificates work payslips, payment of service time, a summary of contributions, among others).
Likewise, in the STC 00273-2006-PA/TC, the Court declare the petition for habeas corpus filed by Mr. Bernardo Isaac Leudo Ku against ONP. In this case, the dispute focused on whether the applicant met the 20 years of contributions required by Article 1., Decree Law No. 25967 to access a pension. In discussing the controversy, dismissed the claim because of the joint assessment of the evidence on the record, it concluded that: (...)
can not be verified whether or not the appellant has demonstrated its rights in respect of contributions for those years since it has not filed papers with at least test the working relationship with different employers during that time.
25. Therefore, bearing in mind that the approach outlined has been used improperly by the applicants, the Constitutional Court, in exercising its functions of management and peacekeeping, and making use of the power conferred by Article VII of the Preliminary Title of the Code of Constitutional deems it set a precedent that was binding on the rules to be observed by judges who know amparo process accreditation periods of contributions considered not accredited by the ONP.
note that these particular rules to be followed by the judges hearing protection processes to determine when an applicant has demonstrated convincingly periods of contributions, has its reason for being not only by the absence of evidence in the station process protection, but also because the approach has been used maliciously referred to by the plaintiffs.
5. § Rules for periods of contributions credited in the process under
26. Thus, when the processes under the elucidation of the controversy involves the recognition of periods contributions, which have not been considered by the NAO, so that the demand is granted, the judges and the parties must take into account the following rules: a.
The plaintiff in order to generate enough conviction to judge the reasonableness of her request may attach to its application and test instrument, the following documents: certificate of employment, report wages paid, the books of payrolls, time settlement services or benefits, the records of contributions Orcinea the IPSS or EsSalud, among other documents. These instruments can be submitted in original or certified copy fedateada, but not in single copy. The Judge, own initiative or at the request of the applicant may request the administrative record to the ONP or copy it fedateada under responsibility.
b. ONP, when answering the request for defense, the caseload has attached as evidence of the administrative record of granting a pension or fedateada copy of it. This in order to determine with certainty whether the refusal to grant or the lack of a longer period of contributions has been arbitrary or is justified. And, if you are questioning the alleged violation of right to a pension, it is that the judicial authorities have in view the same act or, at least, the documents submitted to the administrative authority, and those in which the authority based its decision, to determine whether there was or not the alleged violation.
c. The caseload of the administrative record include the granting of a pension or fedateada copy thereof, is applicable to the process under underway when the judges deem it necessary and indispensable to resolve the dispute.
d. In amparo proceedings are initiated after the publication of this ruling, the ONP, when answering the demand, has the duty to comply with the administrative record file for granting pension or fedateada copy of it. If fails of its caseload to attach as evidence the administrative record, the court will apply the principle of prevalence of the complaining party, if the evidence submitted by the applicant are sufficient, relevant and appropriate to establish years of contributions, or additionally apply Article 282. of the Code of Civil Procedure. E.
Not require judges to apply the administrative record of granting a pension or fedateada copy of it, when we are faced with a claim manifestly unfounded. For these purposes is treated as a claim clearly established, one in which it notes that the period has not recognized ONP contributions that have been accredited by the plaintiff convincingly arguing that they have lost their validity, that the applicant has had the double condition of insurers and employers, and according to the Reference Table Start Contributions by Zones, established by the former Institute Peruvian Social Security in the area have not yet started trading.
f. Not require judges to apply the administrative record of granting a pension or fedateada copy of it, when we are faced with a claim manifestly unfounded. For these purposes, is regarded as a manifestly unfounded claim, one in which you note that the applicant is applying for recognition of years of contributions and has failed to present evidence to support his claim, when combined assessment of the types of evidence leads to the conviction that demonstrate that the minimum years of contributions for access to a retirement pension, or when presented certificates of employment that have not been issued by former employers, but by third parties.
6. § Analysis of the dispute
27. Articles 47. º and 48., Decree Law No. 19990, in force before the promulgation of Decree Law No. 25967, are the laws that shape the constitutionally protected right to access to pensions claimed. They provide pension entitled to special pension scheme for men who: a) have 60 years if born before July 1, 1931, b) have been enrolled in the Pension Funds of the Caisse Nationale Social Security or Employee Social Security, and c) demonstrating, at least five years of contributions, provided they are insured or required, having been, then opt for the optional.
28. In this case, according to the National Identity Document obrante at page 36, the actor was born on November 25, 1949, ie after the date specified in Article 47., Decree Law No. 19990 to be eligible to purchase a retirement pension under the special regime, so that the pension scheme is not applicable.
29. However, this school believes that attention to the content of the resolution in question, should the principle jura novit curia, enshrined in Article VIII of the Code of the Constitution. Consequently, in this case the legal right to own the applicant's pension will be analyzed as required by the rules governing early retirement scheme established by Decree Law No. 19990, as well as amended.
30. According to Article 44., Decree Law No. 19990, to be entitled to early retirement pension is required to have, in the case of men, at least 55 years of age and 30 full years of contributions.
31. Resolution No. 19990 and in Table 0000053395-2006-ONP/DC/DL Summary of contributions which are contained on pages 2 and 7, we see that the ONP was denied the plaintiff's early retirement pension because he considered that: a) had accredited only 17 years and 5 months of contributions, and b) there was the physical impossibility of proving the age of 22 and 10 months of contributions made from 1965 to 1970, from 1975 to 1978 and from 1980 to 1984 and missing periods 1964, 1971, 1973, 1974, 1979, from 1985 to 1992 and from 1994 to 1996.
32. To prove the ownership of pension entitlement and compliance with legal requirements that make it up, the applicant has attached to its demands two certificates of employment procedure on pages 9 and 14, and two assessments of benefits procedure on pages 10 and 11 , which show that has worked for Electro Ceramics Chimbote SA since August 21, 1964 until May 22, 1992. Consequently, in application of Articles 11. No. 70., Decree Law No. 19990, that period shall be counted as a period of contributions for the purpose of giving retirement pension, even if the employer had not made the payment of necessary contributions, since the defendant must make the collection of contributions indicated in accordance with the powers granted by law, making use of constraints that are necessary for that purpose.
33. Therefore, taking into account the documentation referred to, the actor credited 21 years and 4 months of contributions to national pension system, which added to the 17 years and 5 months of contributions recognized by the defendant, a total of 38 years and 9 months of contributions. Also, with National Identity Document obrante at page 36, certifying that the applicant was born on November 25 1949, and who turned 55 on November 25, 2004.
34. Thus, the applicant meets all legal requirements for the perception of early retirement pension and, consequently, it has ignored the constitutional right arbitrarily to the board that it has, so the defendant must pay the accrued pension accordance with Article 81., Decree Law 19990, for which it must take into account the date of opening of Record No. 00900037205, which consists of the pension application rejected.
35. Additionally, you must order the site that make the calculation of accrued since the date of the constitutional tort and the legal interests generated according to the rate specified in Article 1246. of the Civil Code, and to proceed with your payment in the manner prescribed by Law No. 28798.
36. Having established that the site has violated the constitutional right to a pension, corresponds, in accordance with Article 56. No Constitutional Procedural Code, order the entity to bear the court costs, which must be settled in the implementation phase of above.
For these reasons, the Constitutional Court with the authority under the Constitution Peru's political
RESOLVED 1. Upheld the claim, and consequently null and void Resolution Nos. 19990 and 0000053395-2006-ONP/DC/DL 0000040058-2005-ONP/DC/DL 19990.
2. Order that meets summoned to give the appellant an early retirement pension under Article 44., Decree Law No. 19990, and to pay the accrued pension and statutory interest and court costs in the stage of execution of the sentence.
3. Declares that the criteria in the foundation 26, above, are immediately binding precedent under Article VII of the Preliminary Title CPConst. Published and notifíquese
.
SS. MESSIAH
RAMÍREZ
VERGARA Gotelli
LANDA ARROYO STREET BEAUMONT Callirgos
Hayen
ETO
CRUZ ALVAREZ MIRANDA 
EXP. No.
04762-2007-PA/TC SANTA
ALEJANDRO VALVERDE TARAZONA
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, at 22 days of September 2008, the Constitutional Court in plenary session court, with the assistance of judges Mesia Ramirez Vergara Gotelli, Landa Arroyo, Beaumont Callirgos, Calle Hayen, Eto Cruz and Alvarez Miranda, made the following statement
SUBJECT
constitutional tort
Appeal lodged by Mr. Alejandro Valverde Tarazona against the decision of the Second Civil Chamber of the Court Superior Court of Santa, on pages 126, the date July 12, 2007, declaring unfounded claim here.
04762-2007-PA/TC SANTA
ALEJANDRO VALVERDE TARAZONA
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, at 22 days of September 2008, the Constitutional Court in plenary session court, with the assistance of judges Mesia Ramirez Vergara Gotelli, Landa Arroyo, Beaumont Callirgos, Calle Hayen, Eto Cruz and Alvarez Miranda, made the following statement
SUBJECT
constitutional tort
Appeal lodged by Mr. Alejandro Valverde Tarazona against the decision of the Second Civil Chamber of the Court Superior Court of Santa, on pages 126, the date July 12, 2007, declaring unfounded claim here.
BACKGROUND On July 7, 2006 the plaintiff brought claim for protection against the Office (ONP), requesting that it declare inapplicable 0000040058-2005-ONP/DC/DL Resolution No. 19990, dated May 10, 2005, and that therefore be granted pension pursuant to Article 47. of Decree Law No. 19990, with the payment of pensions accrued and statutory interest.
The demand answers located on the grounds that the applicant does not meet the requirements of Article 47., Decree Law No. 19990 to be eligible for a pension from the special pension scheme because they were not born before July 1, 1931.
Fifth Special Civil Court of Chimbote, dated March 5, 2007, hereby demand based in part on the grounds that the applicant demonstrate that they have complied with the requirements Article 44., Decree Law No. 19990 to access an early retirement pension.
The appeal, quashing the appeal, declared unfounded claim, holding that the plaintiff intends to prove his years of contributions with a certificate of employment who are not eligible for recognition of years of contributions under Article 54. Of Supreme Decree N. º 011-74-TR. BASICS
1. § Source of demand and delimitation of the request
1. On the basis 37 of the 1417-2005 STC-PA, published in the official gazette El Peruano on July 12, 2005, this Court has stated that part of the content directly essential to the fundamental right protected by the pension laws that establish the requirements for their production, and ownership of the right claimed must be sufficiently established to make it possible to issue a finding of merit.
2. The plaintiff claims that the resolution in question violates their fundamental right to a pension, because it does not recognize their contributions made after August 21, 1964 until May 22, 1992, by Electro Ceramics Chimbote, so he requests to be recognize the contribution period and be granted pension pursuant to Article 47., Decree Law No. 19990. Consequently, his claim is included in the case provided the foundation 37.b) of that sentence, why should analyze the merits of the issue.
3. For its part, the ONP submits that there is a physical impossibility to prove all contributions made after August 21, 1964 until May 22, 1992, by Electro Ceramics Chimbote, because the revision of its forms is only able to observe and recognize the contributions from 1971 to 1974, one week in 1979, and several weeks between 1985 and 1992.
4. Delimited in this way the terms of debate, the Constitutional Court, given the increasing recurrence of this issue, consider should review its jurisprudence on the evidence that can prove periods of contributions that are considered by the NPO as years of contributions are not accredited, saying that they have not been conclusively proven or that there is physically impossible to accredit.
This is because a large number of processes that are designed under the guidance of the fundamental right to a pension, the dispute centers on whether the applicant has the period of contributions required by law to access to pensions requested, which always involves the need to assess the adequacy, probity and effectiveness of the evidence submitted by the parties to determine whether or not the applicant is complying with the years of contributions, because the fundamental right to a pension is a legal configuration.
5. Also, please note that the fundamental right to a pension has the nature of social law, and as such requires public authorities required to provide adequate benefits for the purpose of addressing the basic needs and living of pensioners to enable them to achieve and adequately meet the exercise of the right to a dignified life.
To this end, the following topics: a.
The proof in the absence of constitutional and evidentiary stage
B.
Who is responsible for withholding and payment of contribution? C.
How do you test for contribution periods? D.
Rules for testing periods of contributions
2. § The test in constitutional processes
6. The test in constitutional processes, as in any other kind of process or procedure, aims to establish or determine the existence or nonexistence of relevant facts or litigation that are relevant to the decision. The test should be oriented towards the search for decisions to be fair, should be based on a true determination of the facts asserted by the parties in the process, which, after the acts postulatorios (demand response), is controversial and relevant to the decision.
7. Thus, in the constitutional process has the function test to prove or establish that the threatened violation alleged by the plaintiff is certain and imminent implementation, or that the alleged infringement of fundamental rights has been produced in a real and effective, or that has become irreparable. This
order that the judge in sentencing, as estimated, may order the reinstatement of the previous state of things, or provide that the notice does not re-engage in the acts or omissions that led to the filing of the complaint, and when rejected, may condemn the plaintiff to pay costs and expenses in the event that action was manifestly frivolous.
8. In this sense it is the parties should provide the facts to the process. This means that the parties, slip and distributes the burden of proving the facts in the process. Thus the plaintiff has the burden of proving the facts asserted to support its claim, while the defendant has the burden of proving the facts and contradicting claims.
2.1 § The absence of evidence-gathering stage in constitutional processes
9. According to Article 9. º Constitutional Procedural Code (CPConst.), in constitutional processes no evidentiary stage. Only from the evidence that no action is required, which does not preclude the conduct of evidentiary proceedings that the judge deems necessary, without affecting the duration of the process.
10. The absence of evidence-gathering stage in the process of protection is derived from the purpose and object of the process because it did not elucidate the ownership of a right, as in others, but only resets the exercise to a manifestly arbitrary involvement or unreasonable. Therefore, in order to be able to issue a ruling on the merits, we must not only not be in discussion of ownership of the constitutional right that is allegedly infringed, but even one who claims to have been affected in the exercise of proving the existence of the act in question. This means that ownership of the right whose violation or threatened violation is alleged to be certain and indubitable, and not disputed or doubtful.
11. Hence, the protection is a process in which the judge has, in essence, to act evidence, but only to judge the legitimacy or illegitimacy of the act constitutional reputed as harmful, since, as a way of urgent protection, this process requires fast, easy and effective. Therefore, the process is under the performance test immediate, instantaneous and self-attached when demand or answered.
12. That is why, in need of protection can not be elucidated claims which are designed to return a fundamental right whose ownership is uncertain or disputed, or that are based on contradictory facts, or controversial, or requiring the administration of evidence complex. However, this does not prevent the Court may request the performance of complex evidentiary proceedings when deemed necessary and essential for determining the constitutional legitimacy or illegitimacy reputed injurious act.
3. § Responsibility for the withholding and payment of
contributions
13. Regarding the responsibility for the withholding and payment of contribution, it should be noted that Decree Law No. 19990 on the premise that the employer acts as a withholding agent, that is, as it is appropriate to retain the contribution made the worker and deliver it to the competent authority. Therefore, Article 11., Decree Law No. 19990 provides that:
Employers and socially owned enterprises, cooperatives or the like, are required to withhold employee contributions required in the pawnshop secured payment and surrender their salaries to Social Security in Peru, together with such employers or companies must pay for the term set by the Regulation, within one month following the date on which the job quickly. If the liable persons the opportunity retuvieren not indicated the contributions of its employees, liable for payment, without the right to deduct these.
14. Should also be noted that Decree Law No. 19990 contribution considered as periods of days, months and weeks that provide or have provided services for workers, even if the employer had not paid contributions to the management body, to have it withholding agent status. Thus, in the original wording of the first paragraph of article 70. No provided that:
compulsory insurance for periods of contribution are the months, weeks or days to pay, or have provided services that create the obligation to pay the contributions referred to in Articles 7 to 13, even if the employer or the socially owned enterprise, cooperative or similar, would not have made the payment of contributions (emphasis added).
However, the original wording of the first paragraph of Article 70., Decree Law No. 19990 was amended by the Fourth Transitory and Final Provision of Law No. 28991, eliminating the phrase "even if the employer or company socially owned, cooperative or similar, would not have made the payment of contributions "to read as follows:
compulsory insurance for periods of contribution are the months, weeks or days to pay, or have served that create the obligation to pay the contributions referred to in Articles 7 to 13.
15. However, taking into account the new wording in first paragraph of Article 70., Decree Law No. 19990 is imposed whether the modification in question has been deleted irrebuttable presumption that it is considered effective contributions to the retention of the contribution made by the employer a worker's compensation is not paid to the managing entity. To resolve this issue note the position of the worker, the employer and manager in labor relations, social security withholding and payment of contributions to the National Pension System.
16. Regard, the Court considers that the amendment of Article 70., Decree Law No. 19990 does not affect the liability of employers for withholding and payment of contributions to the national pension system, because although the new wording has been deleted the phrase "even if the employer or the socially owned enterprise, cooperative or similar, had not made payment of contributions, this does not imply that the retained and unpaid contributions are treated as contributions not made, on the contrary, the contributions withheld and not paid by employers should be regarded as actual contributions, for the modification in question has no bearing quality employers and withholding agents of employee contributions.
17. It should be borne in mind that in terms of retention and payment of contributions to the National Pension System, the employee occupies a position of disadvantage, although he made the contribution, the employer who retains and actually paid before the managing body, ie is solely responsible for entering that contributions to the pension fund. For its part, the employer, to act as withholding agent, takes an advantage with respect to employees by fall in their actions the possibility that contributions be made effectively, since it can retain the worker's compensation but not to pay to the managing body, because the employee insured as required, plays the role of inaction and, therefore, is released from liability for the deposit of contributions to the management agency. This also means that the managing body against the employer maintains a position of advantage, as it may impose a fine for non-payment de aportaciones retenidas o exigirle mediante los procedimientos legales el cobro de las aportaciones retenidas.
18. Por lo tanto, los asegurados obligatorios del Sistema Nacional de Pensiones nunca se encuentran en la posibilidad efectiva de realizar directamente el pago de sus aportaciones a la entidad gestora, razón por la cual las aportaciones retenidas pero no pagadas al Sistema Nacional de Pensiones serán consideradas para determinar el total de años de aportaciones, pues su pago es responsabilidad exclusiva del empleador.
19. Ello quiere decir que el incumplimiento de la obligación de abonar las aportaciones por el empleador no puede perjudicar al trabajador, ya que si existe incumplimiento en este aspecto, ONP or competent institution must use the collection procedures and penalties provided by law to charge the employer contributions withheld and not paid. Consequently, in all cases had been adequately tested the employment relationship, should match the period of work as the period of effective contributions to national pension system.
20. Also bear in mind that from the date of enactment of Law No. 27334 and Supreme Decree No. 039-2001-EF non-payment of contributions is a problem of labor between the tax- collecting agency of the ONP-now, the Superintendencia Nacional de Administración Tax-and the same employer.
And, as noted by the Ombudsman, the lack of verification of the cash contribution is a tax problem between the employer and SUNAT, oblivious to the worker, the collecting entity having its own tools to enforce their collection [1].
4. § Proof of periods of contributions to constitutional jurisprudence
21. In this regard, the criteria set by the Constitutional Court was to consider employment certificates submitted in original, certified copy or single copy, as evidence sufficient to prove suitable and periods of contributions that have been considered by the ONP such contributions are not credited.
This because, after a joint reading of articles 11. No. 70., Decree Law No. 19990 the Court concluded that, in the case of compulsory insurance, months weeks or days to pay, or have provided services that create the obligation to pay benefits are considered as periods of actual contributions, although the employer had not made the payment of contributions, because it is obligated to retain workers . Moreover, this argument has been strengthened with the appointment. Article 13 of Decree Law No. 19990, which states that the ONP is required to initiate the procedure coercive if the employer fails to make payment of the aforementioned contributions.
This line of jurisprudence has been consistently and uniformly by this Court is reaffirming, after the amendment of Article 70., Decree Law No. 19990, as has been based on the previous basis.
22. However, it should be noted that from this jurisprudential approach during the development processes in pensionary under this Court has been detected, among other cases, in which they have submitted false documents to prove years of contributions are not recognized by ONP.
Thus, in the STC 09560-2006-PA/TC the Constitutional Court rejected the request by Mr. Roger Aguinaldo Vera head against the ONP and ordered to send a copy of the statement and relevant to the Attorney General acted because the data entered in one of the certificates submitted by the plaintiff were untrue. In this regard it was noted that:
On the first certificate of employment, it should be noted that the data contained in can not be true, as the notary in question was dismissed by the Notarial Council Resolution No. 005 - 93-JUS/CN, dated July 20, 1993. Therefore, the applicant could not work in the notary referred to the July 30, 1995, because Don Daniel Alejandro Céspedes Marin was removed from office of notary in the year 1993.
23. On the other hand, we also note that during the development of processes under in pensionary, the Court was able to detect other cases in which the plaintiff, to establish periods of contribution, presented certificates of work that have been issued by third parties or labor certifications that are contradictory in content.
4332-2005-PA/TC In the STC, the Court declare the petition for habeas corpus filed by Mr. Heraclio Barranzuela Cienfuegos against ONP, because the work presented certificates to prove that 20 years had contribution to access a pension, had been issued by third parties and were contradictory. In this sense, to dismiss the lawsuit stated: (...)
warns at page 65 of the booklet made before this Tribunal, a work certificate signed by Manuel Rangel Castro, claiming to be former employee of the office Yapatera the former hacienda, it was owned by Mrs. Josephine McDonald Czech widow, a certificate stating that the appellant worked for the said estate from 1950 to 1971, but also on the record, at page 6, another work certificate signed by Miguel Torres Carrasco - annexed by the appellant along with this demand - which is dated May 2004, who also claims to be a former employee (general pointer) of the former hacienda Yapatera Agricultural Company SA and that it was owned by Mrs. Joseph Mc Donald Czech. According to this certificate, the appellant worked for the said estate from 1953 until December 30, 1957. With these documents the applicant seeks to demonstrate that it meets the 20 years of contributions needed to get her pension, however, to be signed by parties other than his former employer could not be taken as evidence to prove their employment relationship . Moreover, we see a contradiction between them: while the document stated in page 6 states that the appellant worked from 1953 until December 1957 in the said property, the document stated in page 65 of the booklet made before this Court, contends that he did since 1950 to 1971. That is, not only its validity is in question but also its accuracy, making it impossible to establish with them or the employment relationship or the time actually worked to determine the years of contributions which would have been unknown to the plaintiff (...) .
24. Finally, it should be noted that during the development processes in pensionary under this Court has also been detect cases in which the applicant seeks the recognition of years of contributions without presenting any evidence indicating that clears.
Thus, in the STC 10465-2006-PA/TC, the Court declare the petition for habeas corpus filed by Mr. Edilberto Dueñas Coronado against ONP. In this case, the applicant requested to be granted a total of 33 contributions, instead of the 27 years of contributions that had recognized the ONP. In discussing the dispute, the Court dismissed the application because:
(...) to establish those years of contributions, the plaintiff ha [d] attached was no evidence (certificates work payslips, payment of service time, a summary of contributions, among others).
Likewise, in the STC 00273-2006-PA/TC, the Court declare the petition for habeas corpus filed by Mr. Bernardo Isaac Leudo Ku against ONP. In this case, the dispute focused on whether the applicant met the 20 years of contributions required by Article 1., Decree Law No. 25967 to access a pension. In discussing the controversy, dismissed the claim because of the joint assessment of the evidence on the record, it concluded that: (...)
can not be verified whether or not the appellant has demonstrated its rights in respect of contributions for those years since it has not filed papers with at least test the working relationship with different employers during that time.
25. Therefore, bearing in mind that the approach outlined has been used improperly by the applicants, the Constitutional Court, in exercising its functions of management and peacekeeping, and making use of the power conferred by Article VII of the Preliminary Title of the Code of Constitutional deems it set a precedent that was binding on the rules to be observed by judges who know amparo process accreditation periods of contributions considered not accredited by the ONP.
note that these particular rules to be followed by the judges hearing protection processes to determine when an applicant has demonstrated convincingly periods of contributions, has its reason for being not only by the absence of evidence in the station process protection, but also because the approach has been used maliciously referred to by the plaintiffs.
5. § Rules for periods of contributions credited in the process under
26. Thus, when the processes under the elucidation of the controversy involves the recognition of periods contributions, which have not been considered by the NAO, so that the demand is granted, the judges and the parties must take into account the following rules: a.
The plaintiff in order to generate enough conviction to judge the reasonableness of her request may attach to its application and test instrument, the following documents: certificate of employment, report wages paid, the books of payrolls, time settlement services or benefits, the records of contributions Orcinea the IPSS or EsSalud, among other documents. These instruments can be submitted in original or certified copy fedateada, but not in single copy. The Judge, own initiative or at the request of the applicant may request the administrative record to the ONP or copy it fedateada under responsibility.
b. ONP, when answering the request for defense, the caseload has attached as evidence of the administrative record of granting a pension or fedateada copy of it. This in order to determine with certainty whether the refusal to grant or the lack of a longer period of contributions has been arbitrary or is justified. And, if you are questioning the alleged violation of right to a pension, it is that the judicial authorities have in view the same act or, at least, the documents submitted to the administrative authority, and those in which the authority based its decision, to determine whether there was or not the alleged violation.
c. The caseload of the administrative record include the granting of a pension or fedateada copy thereof, is applicable to the process under underway when the judges deem it necessary and indispensable to resolve the dispute.
d. In amparo proceedings are initiated after the publication of this ruling, the ONP, when answering the demand, has the duty to comply with the administrative record file for granting pension or fedateada copy of it. If fails of its caseload to attach as evidence the administrative record, the court will apply the principle of prevalence of the complaining party, if the evidence submitted by the applicant are sufficient, relevant and appropriate to establish years of contributions, or additionally apply Article 282. of the Code of Civil Procedure. E.
Not require judges to apply the administrative record of granting a pension or fedateada copy of it, when we are faced with a claim manifestly unfounded. For these purposes is treated as a claim clearly established, one in which it notes that the period has not recognized ONP contributions that have been accredited by the plaintiff convincingly arguing that they have lost their validity, that the applicant has had the double condition of insurers and employers, and according to the Reference Table Start Contributions by Zones, established by the former Institute Peruvian Social Security in the area have not yet started trading.
f. Not require judges to apply the administrative record of granting a pension or fedateada copy of it, when we are faced with a claim manifestly unfounded. For these purposes, is regarded as a manifestly unfounded claim, one in which you note that the applicant is applying for recognition of years of contributions and has failed to present evidence to support his claim, when combined assessment of the types of evidence leads to the conviction that demonstrate that the minimum years of contributions for access to a retirement pension, or when presented certificates of employment that have not been issued by former employers, but by third parties.
6. § Analysis of the dispute
27. Articles 47. º and 48., Decree Law No. 19990, in force before the promulgation of Decree Law No. 25967, are the laws that shape the constitutionally protected right to access to pensions claimed. They provide pension entitled to special pension scheme for men who: a) have 60 years if born before July 1, 1931, b) have been enrolled in the Pension Funds of the Caisse Nationale Social Security or Employee Social Security, and c) demonstrating, at least five years of contributions, provided they are insured or required, having been, then opt for the optional.
28. In this case, according to the National Identity Document obrante at page 36, the actor was born on November 25, 1949, ie after the date specified in Article 47., Decree Law No. 19990 to be eligible to purchase a retirement pension under the special regime, so that the pension scheme is not applicable.
29. However, this school believes that attention to the content of the resolution in question, should the principle jura novit curia, enshrined in Article VIII of the Code of the Constitution. Consequently, in this case the legal right to own the applicant's pension will be analyzed as required by the rules governing early retirement scheme established by Decree Law No. 19990, as well as amended.
30. According to Article 44., Decree Law No. 19990, to be entitled to early retirement pension is required to have, in the case of men, at least 55 years of age and 30 full years of contributions.
31. Resolution No. 19990 and in Table 0000053395-2006-ONP/DC/DL Summary of contributions which are contained on pages 2 and 7, we see that the ONP was denied the plaintiff's early retirement pension because he considered that: a) had accredited only 17 years and 5 months of contributions, and b) there was the physical impossibility of proving the age of 22 and 10 months of contributions made from 1965 to 1970, from 1975 to 1978 and from 1980 to 1984 and missing periods 1964, 1971, 1973, 1974, 1979, from 1985 to 1992 and from 1994 to 1996.
32. To prove the ownership of pension entitlement and compliance with legal requirements that make it up, the applicant has attached to its demands two certificates of employment procedure on pages 9 and 14, and two assessments of benefits procedure on pages 10 and 11 , which show that has worked for Electro Ceramics Chimbote SA since August 21, 1964 until May 22, 1992. Consequently, in application of Articles 11. No. 70., Decree Law No. 19990, that period shall be counted as a period of contributions for the purpose of giving retirement pension, even if the employer had not made the payment of necessary contributions, since the defendant must make the collection of contributions indicated in accordance with the powers granted by law, making use of constraints that are necessary for that purpose.
33. Therefore, taking into account the documentation referred to, the actor credited 21 years and 4 months of contributions to national pension system, which added to the 17 years and 5 months of contributions recognized by the defendant, a total of 38 years and 9 months of contributions. Also, with National Identity Document obrante at page 36, certifying that the applicant was born on November 25 1949, and who turned 55 on November 25, 2004.
34. Thus, the applicant meets all legal requirements for the perception of early retirement pension and, consequently, it has ignored the constitutional right arbitrarily to the board that it has, so the defendant must pay the accrued pension accordance with Article 81., Decree Law 19990, for which it must take into account the date of opening of Record No. 00900037205, which consists of the pension application rejected.
35. Additionally, you must order the site that make the calculation of accrued since the date of the constitutional tort and the legal interests generated according to the rate specified in Article 1246. of the Civil Code, and to proceed with your payment in the manner prescribed by Law No. 28798.
36. Having established that the site has violated the constitutional right to a pension, corresponds, in accordance with Article 56. No Constitutional Procedural Code, order the entity to bear the court costs, which must be settled in the implementation phase of above.
For these reasons, the Constitutional Court with the authority under the Constitution Peru's political
RESOLVED 1. Upheld the claim, and consequently null and void Resolution Nos. 19990 and 0000053395-2006-ONP/DC/DL 0000040058-2005-ONP/DC/DL 19990.
2. Order that meets summoned to give the appellant an early retirement pension under Article 44., Decree Law No. 19990, and to pay the accrued pension and statutory interest and court costs in the stage of execution of the sentence.
3. Declares that the criteria in the foundation 26, above, are immediately binding precedent under Article VII of the Preliminary Title CPConst. Published and notifíquese
.
SS. MESSIAH
RAMÍREZ
VERGARA Gotelli
LANDA ARROYO STREET BEAUMONT Callirgos
Hayen
ETO
CRUZ ALVAREZ MIRANDA
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