This Friday, the Defender of the Third Age, Eugenio Semino, filed the first judicial protection to request the unconstitutionality of the suspension in the formula of jubilee mobility. The class action was filed in the Federal Court of First Instance of Social Security No. 9, and bears the signature of more than 7,000 retirees.
The lawsuit calls for an injunction to momentarily restore the previous mobility formula for all retirees and pensioners who do not charge the minimum. In the event of not obtaining a favorable decision, Semino stated that they will seek a «per saltum» appeal in order to be able to directly access the Supreme Court of Justice.
The justification for the protection is based on the need that, by suspending the mobility formula and applying an increase by decree, there was a cut in rights.
«We’re looking for a quick resolution for more than 2 million people, those who charge retirements of $18,000 up are going to be charging less, no matter if it’s 1% or so, what there was was a rights cut,» the Senior Advocate said.
On the grounds, Semino – and his legal adviser Andrés Gil Domínguez – appealed to the principle of equality before the law, the progressiveness of fundamental rights, the non-retroactivity of laws and the effective protection of acquired rights.
Demand is made after the increase by decree for retirements and pensions, after which the minimum retirement , covering about 3.5 million retirees, will be $15,892, which means an increase of about 13% and a difference in favor of $197 with compared to the above formula. But that percentage of increase is shrinking as retirements become higher. For example, for a $20,000 increase for the decree will be 9.8% and $365 will be lost against the previous formula. For an income of $40,000, the increase will be 6.1% and there will be a drop of $2,204 compared to the previous mobility formula. While for a $80,000 retirement, the increase is 4.2% and the loss is $5,908.In this note: