The Power of attorney has requested the National Election Jury (JNE) to initiate an administrative process for the dismissal of the mayor of Lima, Jorge Muñozand of the officials responsible for not having complied with a resolution that orders the payment of the liquidations of the public cleaning workers.
“Despite the time that has elapsed and being validly notified with resolution number 1951, the defendant Metropolitan Municipality of Lima has not complied with making the payments of the sums indicated in the liquidations presented by the same defendant commune”, detailed the document issued by the Civil Court.
Therefore, making effective the warning decreed in the aforementioned resolution 1951, it is arranged to send certified copies to the JNE so that the opening of the administrative process for the dismissal of the mayor of Lima is arranged and of the responsible officials who are implicated in the omission of the provisions of resolution number 1951″, he added.
YOU CAN SEE: Francke: There is a group of advisers who seem to be more important than the cabinet
The mayor of Metropolitan Lima Carlo Angeles pointed out that there is jurisprudence on this type of case in the constitutional Court. It refers to the resolution of September 23, 2010, issued by the highest interpreter of the Political Constitution of Peru.
In the case of those authorities whose designation depends on the popular vote, their eventual dismissal requires the prior determination of a cause for vacancy, which must be determined by the respective electoral body”, prayed the document of the TC.
“For such purposes, it is the obligation of the judicial authority whose sentences are unfulfilled (before the directly affected in their rights) to inform the aforementioned electoral body of the attitude assumed by the reluctant authority. Only in this way is that the eventual measure of dismissal appears coherent, ”he added.
YOU CAN SEE: Anderson announces support for the motion of censure against Minister Juan Silva
angels pointed out that, regardless of whether or not the dismissal request is successful, “the priorities of our metropolitan authority are clear, which, despite the insistence of the Power of attorneyrefuses to abide by a ruling that orders payment of settlements for public cleaning workers.”
Pronouncement of the Municipality of Lima
The Municipality of Lima ruled on the request of the Judiciary, since it assures that this requirement derives from a sentence issued in 2006 by the Inter-American Court of Human Rights.
Thus, he clarified that the requirement ordered the reinstatement of more than 1,000 workers from the Lima commune and compensation for wages not received between 1996 and the date of their incorporation. This occurred until 2015 during the previous administration.
In this sense, according to the Municipality of Lima, since 2014 the liquidation of workers has been paid in installments that have risen each year (from 500 soles in 2019 to 2,500 in 2022) in addition to their salary.
For this reason, the MML affirms that they have been open to compensating their workers; however, it is impossible to pay more than 250,000 soles per person in a single installment, since it exceeds the budget.
“Thus, the MML considers it nonsense that a magistrate orders the JNE to open an administrative process for the dismissal of the metropolitan mayor, when said mandate has no factual or legal protection and is based on the inability of the entity to face the payment of a judicial disposition due to lack of resources, which, in addition, is outside the powers of the mayor”the document reads.
