Audiencia Pública de pleno_Ica 29 09 2017

Tribunal Constitucional Public Hearing Overview

Introduction to the Public Hearing

• The public hearing of the Constitutional Tribunal is presided over by Magistrate Manuel Miranda Canales, with participation from other magistrates including Marianela Ledesma Narváez and Ernesto Blume Fortini.

• The tribunal aims for a decentralized management approach, bringing its services closer to the people in Ica, Peru.

Purpose and Agenda of the Hearing

• The session officially begins with an acknowledgment of attendees, including legal professionals and local authorities.

• The first case discussed involves Juan Toribio Girón against Rímac Internacional Compañía de Seguros regarding a request for oral report on an amparo process.

Case Details: Juan Toribio Girón vs. Rímac Internacional

• The defense attorney for Rímac presents arguments concerning a claim for invalidity pension based on medical evaluations that show contradictory results.

• Girón's case revolves around alleged violations of his right to pension due to conflicting medical certificates regarding his health condition.

Medical Evaluation Discrepancies

• A significant point raised is the contradiction between two medical certificates: one indicating a 67% disability due to pneumoconiosis and another showing only 7.03% disability without respiratory issues.

• The defense argues that these contradictions warrant confirmation of the lower court's decision declaring the demand inadmissible.

Legal Arguments Presented

• Emphasis is placed on procedural rules established by competent health commissions which were not followed in Girón’s evaluation process.

• Questions arise about whether sufficient evidence exists to support claims made by both parties regarding medical evaluations.

Magistrates' Inquiries and Clarifications

• Magistrate Eloy Espinosa Saldaña expresses gratitude towards local authorities while seeking clarification on specific details related to medical evaluations presented in court.

• Discussions highlight that magistrates do not issue binding opinions but rather make judicial resolutions based on presented evidence.

Examination of Evidence and Causality

• There are discussions about how evidence must demonstrate causality between employment conditions and health issues claimed by Girón.

• Questions are raised about how workers can prove their incapacity when faced with contradictory evaluations from different health institutions.

Further Legal Considerations

• Additional inquiries focus on whether it is fair to place burdens on workers regarding administrative deficiencies in evaluating their health conditions.

Discussion on Worker Rights and Responsibilities

Evaluating Worker Claims

• A magistrate questions why workers should bear responsibility for state failures in providing adequate healthcare facilities for proper evaluations.

Clarification Requests from Defense Counsel

• Defense counsel responds, emphasizing that while workers have rights, they also need to ensure they seek evaluations from competent institutions as per existing regulations.

Conclusion of Initial Case Discussion

Summary of Key Points Raised

• It is reiterated that establishing a direct link between work-related activities and claimed disabilities remains crucial for adjudicating such cases effectively.

Transitioning Between Cases

New Case Introduction: Luis Gonzalo Link Acuerdo vs. Rímac Internacional

• Another case involving Luis Gonzalo Link Acuerdo seeks similar considerations regarding professional illness pensions based on previous employment records at Atacocha mining company.

This structured summary captures key discussions during the public hearing held by the Constitutional Tribunal, focusing primarily on legal arguments surrounding worker rights related to pension claims due to occupational illnesses.

Request for Professional Illness Claim

Overview of the Case

• The case revolves around a professional illness claim made by Mr. Héctor Quispe, focusing on the causal link between his work and the diagnosed illness.

• Medical evaluation from Honorio Delgado Hospital confirms Mr. Quispe's diagnosis of moderate bilateral sensorineural pneumoconiosis with a 70% permanent disability.

• Mr. Quispe worked in various roles at Shougang Hierro Perú from September 1964 to March 1993, totaling 11 years in mining production and an additional 15 years in administrative services.

Work Environment and Exposure

• As a radio operator, he was exposed to constant noise for eight hours daily, which is emphasized as a significant factor in his health decline.

• Over 46 years of continuous work included exposure to mineral dust, toxic gases, and harmful noise levels that contributed to his medical condition.

Legal Framework and Implications

• Reference is made to Law No. 27,252 regarding early retirement due to occupational hazards affecting health and life.

• The denial of pension rights for professional illness despite clear evidence raises questions about legal protections for workers exposed to hazardous conditions.

Evidence Supporting the Claim

• The Supreme Decree No. 164/2001 outlines types of labor eligible under this law; Mr. Quispe’s role fits within these definitions due to direct exposure during mining operations.

• His workplace was located near areas where mineral transport occurred, increasing exposure risks significantly.

Medical Evaluation Process

• A medical incapacity certificate was issued after evaluations by accredited medical commissions; however, its validity was questioned in court proceedings.

• Discrepancies arose regarding the location of medical evaluations being outside his jurisdiction but were justified due to local limitations on available services.

Judicial Considerations

• The court raised concerns about establishing causality between employment conditions and the diagnosed illness despite substantial evidence presented.

• Arguments highlight that even if not directly involved in extraction activities, exposure within mining environments still poses significant health risks.

Conclusion of Arguments

Final Plea for Pension Rights

• Mr. Quispe requests consideration based on precedents where colleagues with similar job roles received favorable rulings regarding their claims for pensions related to occupational diseases.

Transitioning Cases

New Case Introduction

• Introduction of another case involving Lorena Ruth Rojas Carvajal against the Provincial Municipality of Ica begins with procedural discussions among legal representatives.

Second Case Presentation

Details on Sigifredo Bravo Dávila's Case

• Sigifredo Bravo Dávila presents an amparo process against the Office of Normalization Previsional concerning pension rights after extensive service at Shougang Hierro Perú since 1964.

Employment History Context

Work Duration and Conditions

• Emphasis on Bravo Dávila's long tenure highlights systemic issues faced by miners regarding occupational safety and health standards over decades.

Causality Establishment

Legal Precedents

• Discussion references previous judicial decisions affirming causal links between employment conditions at Shougang Hierro Perú and resultant health issues leading to pension claims.

Challenges Faced

Court Decisions Impact

• Despite meeting all criteria established by binding precedents, previous rulings declared claims as inadmissible based on perceived contradictions in medical documentation rather than substantive evidence presented.

Legal Arguments in a Case of Medical Certificate Contradiction

Overview of the Case

• The argument presented emphasizes that when there is a contradiction between medical certificates, the demand should be declared inadmissible. This situation applies to the current case, leading to a request for the court to dismiss the sexual harassment appeal and confirm the second-instance ruling.

Employment History of Juan Bustillos

• Evidence from Annex 1b of Juan Bustillos' complaint indicates he worked at Buenaventura Mining Company from 1976 to 2008, performing various roles including perforator and warehouse dispatcher.

Nature of Work and Health Implications

• The work certificate confirms that until 1988, Bustillos performed surface work; post-1988, his roles shifted primarily to masonry and storage. The relevance of this timeline is crucial in discussing health issues like pneumonia.

Medical Insights on Pneumonia

• Medical experts suggest that pneumonia typically requires a minimum exposure period of 15 to 20 years for significant development. This point supports the argument against the claim based on insufficient duration of relevant work experience.

Procedural Aspects and Appeals

Context of Amparo Process

• Roger Puma Paco represents the public prosecutor's office in an amparo process aimed at reinstating a former worker who claims wrongful termination by Ica's judicial authority.

Details on Termination Resolutions

• The recurrent filed an amparo against two administrative resolutions: one terminating his fixed-term contract in January 2011 and another rejecting his reconsideration request regarding this termination.

Contractual Issues Raised

Argument Against Contractual Desnaturalization

• The prosecutor argues that since it was established as a fixed-term contract, it should not be considered desnaturalized unless justified by professional performance or labor-related causes.

Constitutional Precedents Cited

• Reference is made to constitutional precedents (Huatuco case), which stipulate conditions under which reinstatement can occur—specifically emphasizing meritocracy through public competition for positions within public administration.

Clarification on Legal Positions

Confusion Over Legal Strategy

• A magistrate questions the prosecutor’s strategy regarding whether they believe the contract was desnaturalized or not, highlighting inconsistencies in their arguments throughout proceedings.

Final Considerations

Conclusion on Demand Validity

• The prosecutor reiterates their stance that while they initially deemed the demand unfounded, they acknowledge potential grounds for reconsideration based on Huatuco precedent if desnaturalization is proven valid.

Importance of Clear Legal Positioning

• Emphasis is placed on maintaining clarity in legal arguments; contradictory positions could undermine credibility during proceedings.

Closing Remarks

Summary of Proceedings

• The session concludes with acknowledgment from officials present at this decentralized hearing. No further oral reports were requested or submitted as per tribunal regulations.

This structured summary captures key discussions and insights from the transcript while adhering strictly to timestamp requirements for easy reference.