The High Court maintains an open contempt case against Guillermo Alfonso Jaramillo
The Special Monitoring Chamber of the Constitutional Court resolved to keep open the incident of contempt against the Minister of Health and Social Protection, Guillermo Alfonso Jaramillo. The decision is based on non-compliance with court orders aimed at guaranteeing the fundamental right to health, specifically in relation to the sufficiency of the Capitation Payment Unit (UPC).
The UPC It is the annual amount that the health system assigns for each member to finance services in the contributory and subsidized regimes. According to the high court, although Minister Jaramillo presented a report within the deadline granted alleging compliance with his obligations and requesting the file of the process, the Chamber determined that the measures reported They do not constitute a material, real or immediate fulfillment.
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Requirements and deadlines
The Special Chamber – chaired by the magistrate Carlos Camargo Assis and composed of Miguel Polo Rosero and Vladimir Fernandez Andrade (who clarified his vote)—ordered the continuation of the process initiated by the Auto 2049 of 2025. Consequently, the Court granted the head of the Health portfolio a period of 48 hoursfrom the notification of the ruling, to comply with the following points:
System reliability: Correct technical deficiencies in the information system to ensure reliable UPC calculations.
Financial sufficiency: Ensure that the value of the UPC is sufficient in accordance with the parameters ordered by the Court.
Equation of regimes: Level the UPC from the subsidized regime to 95% of that of the contributory regime, as long as the sufficiency of the former is not technically demonstrated.
Possible sanctions
Finally, the Constitutional Court clarified that, although the primary objective of the contempt incident is to ensure that the authority complies with the protection of the right to health and not the sanction per se, the contempt of the provisions of the Auto 2049 of 2025 may result in the imposition of corresponding legal sanctions at any stage of the process.
The ruling has the signature of the magistrate Carlos Camargo Assis.
Source: Integrated Information System
