Reduced pensions%2

National
Social Movement of Pensioned: We demanded increase to our pensions
Reduced pensions%2
By: Carlos Damián August 19, 2010
Opciones: Reformar la ley del IMSS o bien recurrir al amparo
México.- La he jurisprudence that dictated by thesis contradiction the second room of the Supreme Justice Court of the Nation (SCJN), that rate the pensions with a limit of 10 minimal wages. It is susceptible of be modified continuing the steps that indicates the article 194 of the Habeas Corpus Law; but the form most effective of move back that criterion consists in which the legislative branch reform the Law of the Mexican Institute of the Social Security (IMSS).

The jurisprudence that concerns to the pensions of the IMSS was dictated by contradiction; that means, the second room knew the thesis accusation dictated by associated circuit courts, contradictory mutually, and the Court simply selected that that in their concept were approached more the intentions of the bosses than saw the reforms to the law of the IMSS.

The judgments of Habeas Corpus, according to the article 107 of the Constitution, fraction II, "do not have generality effects and alone compel or benefit to who outlined the concrete protections. That not means that the jurisprudence and the SCJN lose importance." This can be modified continuing the step that indicates the article 194 of the law of Habeas Corpus. Other form of modifying the criteria of the SCJN in the case of pensions: Simply that the legislative branches reform the law that it has interpreted the Court. If is changed or modified the law can it changed the criterion jurisprudential established for a law that already had been abolished and reformed; but alone in those cases.

The article 41 of the Constitution has that the town exercises their sovereignty by means of the powers of the Union, and 49 indicates that the supreme power of the Federation is divided for its exercise in Legislative, Executive and Judicial. The legislative dictates the laws, the Executive applies them and the Judicial examines, in justice, if the application is adjusted or not to the law dictated. If the Legislative made the application and the interpretation of it, the legislative branch would be invading the others powers.

The approved pensions system has two successive laws to regulate the pensions and let to the workers to decide which system them was agreeing: the abolished or the new. The threatened are not attorneys neither expert in right. All opt therefore might have solved their friend, or their union. Opted the parties a random option. To other was them applied what wanted to solve the State for those that they might have kept quiet or before a lack of action.

In the case of the Afore occurred to remove to it the decision to the IMSS the legal authorization from removing to them the savings from the working and delivering them to company privates to sponsor the enrichment of corporative national and foreign. All these injustices occur in the legislative field and not in the judicial. This judicial area only complies with the law that dictated to it the Legislative.

The IMSS is paying to the retired: the unemployment pension (60 years) or of oldness (65 years) is paid based on the salary average of the last 250 weeks until a ceiling of 25 minimal wages, about 40 thousand pesos. Now its maximum limit will be of 10 minimal wages, 17 thousand pesos, almost 60 percent less. A sudden change in the pensions calculation will be a national crisis pump in table where eat the pensioned, if are sickened do not eat, now neither they can be sickened nor eaten with such quantity that now the State them is going to pay in their pensions. What a shame!

P. S. The decision taken on Wednesday past (August 14,10), by the second room of the SCJN of transmitting to the Court in meeting the definition of "toma de nota" of the general secretary of the Metallurgical Mining Union (SMMSRM), Napoleon Gomez Urrutia, for this instance solves, not in this case concrete only, but also the criteria that will govern in the future on the powers of the authorities in this matter, opens a space to reflect on the union freedom in our country and the effective force of the Agreement 87 of the International Organization of the Work. The “toma de nota" is a corporative instrument that is held to discretionary and political criteria to maintain the system of control and subordination that injures to the joint of the occupational institutions. The authentic syndicalism, the academy, the attorneys’ forum and the democratic institution should participate actively in this discussion. (La Jornada, puñalada a la jubilación, p.p. 2-3, 4 de agosto, 2010).