The years of service as Interim Deputy Prosecutor and Decree Law No. 20530 The years of service as Interim Deputy Prosecutor are not taken into account for purposes of joining the pension scheme of Decree Law 20530. This was determined by the Constitutional Court in this case:
EXP.
No. LIMA
02366-2007-PA/TC
RUTH BENAVIDES ROSA VARGAS
JUDGEMENT OF THE CONSTITUTIONAL COURT
In Lima, on the 2nd day of November 2010, the Plenum of Constitutional Court , composed of Judges Mesía Ramirez, Beaumont Callirgos, Eto Cruz, Alvarez Miranda and Urviola Hani, made the following statement
ISSUE Appeal
constitutional tort brought by Rosa Benavides Ruth Vargas against the decision of the Sixth Civil Chamber of the Superior Court of Lima, on pages 106, date November 15, 2006, which declares inadmissible the petition for relief car. BACKGROUND
The plaintiff brought claim for protection against the Judiciary requesting to be declared inapplicable Resolution 626-2004-GPEJ, PJ and GG-446-2004-GG-PJ, dated 13 April 2004 June 8 of that year, respectively, and that consequently, he reinstated the regime of Decree Law 20530. Is
their resolution 5137-2000/ONP-DC-20530 was incorporated into the pension scheme of Decree Law 20530 on the basis of Article 194 of the Consolidated Text of the Organic Law of the Judiciary to have served the state as Interim Provincial Deputy Prosecutor and that after his appointment as a full judge of the Court Superior Court of Lambayeque continued working to the State, being incorporated into the Decree Law 20530 so attention should be continued in the same pension regime and not the regime of Decree Law 19990.
The Public Prosecutor in charge of judicial affairs of the Judiciary answer the complaint alleging that the plaintiff was incorporated into the scheme of Decree Law 19990 in strict compliance with current regulations.
The Forty-Seventh Special Civil Court of Lima, dated November 28, 2005, said the claims unfounded considering that Decree Law 25,456 prohibits any addition or return to Decree Law 20530.
The superior authority, reversing the appealed claim declared inadmissible, arguing that the plaintiff's claim is unrelated to the content of constitutionally protected fundamental right to a pension, being the ideal way the administrative proceedings. BASICS
1. In the STC 01417-2005-PA/TC This Court has interpreted the legal guidelines that identify the claims for belonging to the essence of the fundamental right to a pension or be directly related to it, deserving protection throughout the process of protection.
2. In this case, the applicant intends to continue in the pension scheme of Decree Law 20530. In this regard it should be noted that although this assumption is not strictly obeys the inclusion or reinstatement of a particular pension regime as the plaintiff is attached to a pension scheme if it falls on what the Constitutional Court called for free access to the pension systems, ie the possibility to access the pension system chosen to meet the requirements and conditions prescribed by law. Consequently, the claim is located within the circumstances set out in the STC basis 01417-2005-PA/TC 37th, so due from the merits of the dispute.
Analysis of the dispute
3. In the STC 02344-2004-PA/TC the Court reaffirmed its jurisprudence that the characteristics of the pension regime of Decree Law 20530 were, among others: a) the closed nature as indicates that the worker re-entering civil service State must choose between their pension or compensation his new post, on which will provide the National Pension System (NPS). By stopping reactivate your pension early, and if appropriate, also perceive that there might be generated in the SNP (arts. 2 and 17), b) the acquisition of pension rights takes place when men reach fifteen years of real services and paid, and twelve and half women, and c) the prohibition of accumulation of public sector services with those provided to non-public sector and the accumulation of public sector services provided under the terms of employment public activity, with the same sector provided under the scheme Private sector labor (Article 14, paragraphs a and b).
4. Article 186 paragraph 6) of the TUO of the Judicial Power Organization Act, approved by Supreme Decree 017-93-JUS, states: "The rights of the Magistrate: 6 .- The judges within the judiciary and alternate who have held judgeships or play tentatively, receiving remuneration for the post holder, are entitled to their length of service is recognized and considered for the computation of seniority (...).
5. Article 18 of the Organic Law of Public Prosecutions, Legislative Decree 052, effective March 19, 1981, states that the members of the Public Ministry have the same privileges and pension systems established by law for members of the judiciary in their respective categories.
6. On the other hand, article 194 º of Law cited above notes that the judges included in the judiciary, without exception, are included in the pension and compensation provided for in Decree Law No. 20530 and its complementary, provided that they had worked in the judiciary at least 10 years.
7. The rules invoked in the preceding bases constitute provisions laws that set the rules for access to the pension that adorns the applicant. They stipulate that only belong to the pension scheme of Decree Law N º 20530 servers that, taking the category of judges: a) are included in the Judiciary, and b) prove, at least 10 years of service in that condition.
8. The Organic Law of the regular public services of the plaintiff in that entity. Article 44 stipulates that the first Deputy Provincial Prosecutors have the range and have for a Secretary of Superior Court, while Article 43 No precise its function is to 'help' for Fiscal Headlines, even if Article 36 º to consider them as one of the organs of Public Prosecutions.
9. Therefore, although the Provincial Deputy Prosecutors are agencies of the Public Ministry are not included in the career magistrates court, as his rank is that of a Secretary of Superior Court, the official who, as stated in the TUO of the Organic Law the Judiciary, is initially included in the race auxiliary court (Article 249), and has the right to access judicial career provided they meet the requirements of law and are appointed as judges, with Name title of the nation.
10. Based on the foregoing grounds, must explain the meaning to be attributed to the concept of judicial career, well, this concept is nothing but a set of principles, rules and processes governing the admission, rights and the duties that correspond to public servants who, in a stable providing services of a permanent nature in the public, a concept that is defined in Article 1 of the Basic Law of the Civil Service and Public Sector Wages, approved by Legislative Decree N ° 276, a rule that regulates the employment of Magistrados del Poder Judicial y Ministerio Público, por lo que su aplicación es pertinente.
11. En relación al ingreso a la carrera administrativa, tenemos que ello implica cumplir con una serie de requisitos, los mismos que se encuentran comprendidos en el artículo 12 del mencionado Decreto Legislativo N° 276. Así, dicha norma establece que:
Artículo 12.- Son requisitos para el ingreso a la Carrera Administrativa:
a. Ser ciudadano peruano en ejercicio;
b. Acreditar buena conducta y salud comprobada;
c. Reunir los atributos propios del respectivo grupo ocupacional;
d. Presentarse y ser aprobado en el concurso de admisión; y E.
Other stipulated by law
12. In the same way you pronounce the Article 28 of the Civil Service Regulations, approved by Supreme Decree 005-90-PCM, which states that:
Article 28 .- The entrance to the Public Administration server status server switches or contracted to work a permanent nature must be carried out by competition. The inclusion in the Civil Service will be at the initial level of the occupational group which ran. Is void administrative act that violates this provision.
13. As is clear from both standards, entering the administrative career may not be otherwise but through a contest, with which it must demonstrate that they meet all other requirements, any act that has to make to any person without the latter administrative career has been subject to public tender nor has accredited meet other conditions required by current regulations, will be classified as null and void.
14. Taking into account the requirements warned, we must be part of the judicial career of complying fully with the legal conditions for entry into it, otherwise it can not speak of a legitimate belonging to the administrative career.
15. That while is power of the Attorney General to use the provisions elo Article 64 of Legislative Decree N º 052, Organic Law of Public Prosecutions, by which it authorizes the appointment of prosecutors as a Provisional, it is also true that appointment is temporary and subject to the spaces they occupy are filled with permanent prosecutors appointed by the National Judicial Council.
16. It has 5137-2000/ONP-DC-20530 Resolution, dated October 2, 2000 (f. 3) which the applicant joined the pension system the Decree Law 20530, having met the requirement under Article 194 of the Consolidated of the Judicial Power Organization Act, apply to members of the Public Prosecutor under Article 18 of Legislative Decree 52, after verifying that Resolution 143-89 Prosecution-MP-FN, dated April 10, 1989 the Plaintiff was appointed to the post of Assistant Provincial Prosecutor's Office Interim Provincial Joint Huancavelica (fs.57 to 59 notebook Court), that is to be met at least ten years of service as provisional. It also warns that in the Management Resolution 1918-2009-MP-FN-GECPH, dated November 6, 2009 (f. 67 notebook Court) states that the Administration recognized the plaintiff 14 years 1 day official services rendered to the public prosecutor to April 26, 2003, including time management recognized by Resolution 945-2000-MP-FN-GECP.
17. So, it is evident that the applicant served as Interim Provincial Deputy Prosecutor from April 10, 1989 until April 26, 2003, so in response to the grounds stated in previous 10 years, 3 months and 2 days of service as interim Deputy Prosecutor are not taken into account for purposes of joining the pension scheme of Decree Law 20530. Consequently, it requested dismissal of the claim.
For these reasons, the Constitutional Court with the authority under the Constitution of Peru
RESOLVED
declare the petition in the absence of proven infringement of the right to a pension.
published and notifíquese.
SS. MESSIAH
RAMÍREZ
BEAUMONT Callirgos
ETO
CRUZ ALVAREZ MIRANDA
URVIOLA HANI
100QC Boeing 727, first reaction in Chile Transportation 
ELKANA 708 and FACH FACH TIGRE III 812, two protagonists of the period from 1981 to 2000, currently in custody at the National Museum of Air and Space Chile, on the airfield of Los Cerrillos. 
FACH PANTERA 503, the main vector of attack from 1991 until his retirement in 2007, currently on display in the Main Hall of the National Museum in Los Cerrillos Air . 
