Constitutional Court resolves that full contributions to Fonavistas not be returned

The Constitutional Court (TC) resolved by majority the claim of unconstitutionality raised by the Executive Power against the Congress of the Republic, in relation to Law 31173, which guarantees compliance with Law 29625, on the return of money from Fonavi to workers . The magistrates decided that the fonavistas should only receive the contributions they made, but not those of their employers.

The demand of the contributors to the extinct National Housing Fund (Fonavi) was that the total be returned, which according to estimates by the Ministry of Economy and Finance (MEF), amounts to S / 42,000 million; however, now they will only have to return S/6,000 million.

According to the document, the claim of unconstitutionality of the following points was declared founded: articles 4, 7 and the first final complementary provision of law 31173; subparagraph “b” of article 2, in the extreme that provides “and those carried out by their employers, including the State and others”, and in reference to allowing the inclusion of people who have been directly or indirectly benefited from the resources of the Fonavi.

In addition, article 6, in the end relative to the transfer to the Ad Hoc Commission of the administration of entities that have been constituted with Fonavi resources; the Second Final Complementary Provision, in the extreme that provides that “this Law does not require regulation”; article 3 of Law 31173 and, by connection, article 2 of Law 31454.

The TC urged the Executive power and to Congress of the republic that, in strict cooperation within the scope of their respective powers, they implement all the measures that allow them to continue with the process of refunding contributions to Fonavi taxpayers.