translated from Spanish: Punta Arenas Court of Appeals sends TC appeal from professional requesting return of planned savings

Punta Arenas Court of Appeals sent an injunction to the Constitutional Court to rule on a protection appeal filed by a 60-year-old nursing technician who asks his AFP to return his forecast savings Ales. In the first court room, Minister Marcos Kusanovic, María Isabel San Martín and Marta Jimena Pinto were present where they were unanimously estimated that before resolving it was essential to submit a consultation with the TC to determine whether the CT was applicable Decree of Law 3.500, as opposed to the right of ownership guaranteed by the Constitution.The ruling held that “(…) The Constitutional Court is no longer to be ordered to establish, if it deems it admissible, the unconstitutionality of Decree Law 3,500, especially Articles 23, 34 and 51, in so far as the individual capitalization funds are solely intended to be grant and administer benefits of this decree and are partially unambiguous lyceable exclusively to generate old-age, disability and survival pension benefits, as well as the income of pension fund managers concept of premium or contribution of profits, in contravention of the Political Constitution of the Republic as to the inalienable attributes of the right to property”. Beatriz Valenzuela serves in primary municipal health care and explained to El Mercurio that on 18 June she sent a letter to AFP Habitat requesting to withdraw the money. Valenzuela noted that “the needs I have are to be able to meet my expenses, because while I have spent about 40 years to work, if pensioner would not reach me to live and maintain the standard of living that I have, having to possibly deal with, reduce my spending on consumption, looking for another lease and countless problems.”

Original source in Spanish

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