Ruling of the TC reduces money for fonavistas by 90%

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 the Law 31173. With the decision of the magistrates, the money that Fonavistas must receive is reduced by 90%, according to calculations by the National Federation of Fonavistas and Pensioners of Peru (FENAF).

As recalled, the demand of the fonavistas is that the total contributions 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/6,600 million, this is around S/4,000 for each exporter.

The National Housing Fund (Fonavi) was created in 1979 to benefit workers, and the Constitutional Court established, at the time, that it was a fund similar to the pension fund, since when a person retires, they do so based on contributions of the worker and the employer, because both constitute the worker’s private patrimony, explains Jorge Milla, leader of FENAF. In fact, in two previous judgments (1078-2007 and 007-2012) he had established that this was the case.

“The TC had to maintain what it had already established, but surprisingly now it says that the employer’s contribution does not have to be returned. So, what happens with that contribution that is private, where is it? Who gets it? That’s a robbery. It is inconceivable, it cannot be allowed”says the leader.

But the fonavistas will not stay with their arms crossed. They haven’t done it in 20 years. Among the actions that are being evaluated, according to what Milla told this newspaper, is filing a constitutional accusation against the magistrates, since the decision goes against article 70 of the Constitution, which establishes that the right cannot be confiscated. proprietary.

Along these lines, a complaint would be filed with the Inter-American Court of Human Rights (IACHR), since the right to property of almost 2 million people is being violated.

From 2015 to 2019, advance payments were made to more than one million exfonavistas, which were divided into 19 lists that were published every six months. The total amount distributed is around S/1,890 million.

A new law is required

Nowadays the ad hoc commission has more than S/1,908 million in its accounts, an amount that is increasing due to interest charges, and to which must be added the S/50 million that were approved in this year’s public budget and that will be transferred in the next next months.

With these resources you could begin to pay off the debt; however, the other members of the Commission who represent the Executive branch point out that the law does not allow advance payments. To overcome this discrepancy, Luis Luzuriaga, president of said working group, specifies that a legal formula must be drawn up to be approved by Congress and to admit partial refunds. In addition, you must ratify that the return is total.

Congress demands return

For his part, congressman and chairman of the Budget Committee, Jose Luna Galvez, affirmed that the State must accelerate the return of money, due to the context of social conflicts and weather phenomena that affect the country. He stressed that from Parliament he will continue to “fight” to achieve the full recovery of contributions.

“At least it will be a relief for these 2 million Peruvians and the Government will not be able to use the excuse of the fiscal imbalance, because the total debt has been significantly reduced,” he said regarding the decision of the CT.

Luis Luzuriaga, president of the ad hoc Commission

“The ruling of the TC says ‘return the worker’s money’, but it does not say what is going to be done with the companies’ money. So it means that this sentence has its own name: the MEF”.

Alex Contreras, Minister of Economy and Finance

“Why don’t you get paid? [fonavista]? There is a problem in the law, it needs a modification so that the [Comisión ad hoc] You can schedule payments according to availability.

The data

Face to face. The members of the ad hoc Commission must meet this Thursday, March 23, where, according to its president, they must express their position regarding the resolution of the TC.