Being at that date October 3, 2010 materialize in addition to municipal and regional elections in Peru, called REFERENDUM on the approval or disapproval of "Bill Money Back FONAVI, the workers who contributed to it ", I chose to expose this comment at the request of some of my friends and colleagues, who suggested me to comment on a topic of national circumstances, which the board as follows:
FIRST : Peruvian citizens must bear in mind that in the military government of General Francisco Morales Bermudez Cerruti The June 30, 1979 entered into force Decree Law 22591 that created the so-called National Housing Fund, popularized as "FONAVI" , in order to satisfy the progressive mode, the housing needs workers and the contribution of the latter, which would administer the Housing Bank.
SECOND: From the July 28, 1980 assumes the Presidency of the Republic, the Architect Fernando Belaunde Terry Isaac , in his second presidential term, and it appeared that a military conflict with Ecuador by the so-called "False Paquisha" and therefore had to be sheltered from the northern border of our country, or because it gave the appearance of terrorist groups and did not beat them at their early stage or because they learned to strike a coherent economic policy to our country, is that the so-called "Law Fonavi" practically failed to meet its objectives . Also, from the July 28, 1985 assumed his first presidential term, Dr. Gabriel Lugwig Alan García Pérez and that his youth is perhaps not allowed to meet with civilians and military personnel highly specialized purposes adequately confront the armed groups Shining Path and the MRTA, or to avoid hyperinflation crisis led to his first term, is again the aforementioned "Fonavi Act" does not faithfully goal.
IN THIRD PLACE: From July 28, 1990 starts the first presidential term, the Engineer Alberto Kenya Fujimori Fujimori and during which also achieved the capture of Shining Path's top leaders and MRTA, which contributed to the pacification of our country, it was enacting February 16, 1992 Decree Law 25436 titled "Establishing Annual Investment Plan, Management and Destination Specific Resources Fonavi as dependent organ Ministry of Housing and Construction "and also, to date May 27, 1992 promulgating the Decree Law 25,520 entitled" Establish Purpose of Fonavi, ascribing it to the Ministry of the Presidency, and consequently it is logical assume that the amount of money from the works and investments made by this government descibes the aforementioned rules would have to be deducted in determining the exact amount to be returned to Fonavistas since to date not exactly known, the total amount of money to be returned to the beneficiaries fonavistas , since the Constitutional Court, has suggested to Congress and the executive branch, you can deduct the amount contributed by the fonavistas, the programs implemented by the State from the fund, seeking the grant of the Right to housing. Also in this presidential term, is effective the 1993 Constitution where it is stated that citizens have the right to participate in public affairs through a referendum, legislative initiative, removal or renewal of authority and demand accountability, and also states that legal issues can be submitted to referendum, and so also the May 2, 1994 promulgating the Law 26300, under the title "Law on the Rights of Participation and Citizen Control" whose rules are allowing fonavistas, takes place the referendum on October 3, 2010 .
IN FOURTH PLACE: On July 28, 1995 starts the second term of office of the Engineer Fujimori, where dated August 24, 1998, the Law 26 969 under "Species Law Debt Electrification Replacement and Fonavi contribution by the Extraordinary Solidarity Tax "that is, A CONTRIBUTION OF NON-TAX, SHOULD BE REPLACED BY A TAX? , formulated this question, because that the Constitutional Court, Judgement of 3 September 2007 issued in the File 01078-2007-PA/TC on writ of amparo, determined that Fonavi contributions from the June 30, 1979 to August 31, 1998 are non- tax, that is, it was assumed that position, in order to allow the referendum to take place on October 3, 2010, and so do not go contrary to the provisions of final paragraph of Article 32 of our 1993 Constitution.
Fifthly From July 28, 2001, assumes the Presidency of the Republic, the Economist Alejandro Celestino Toledo Manrique , who perhaps had no parliamentary majority, faced a series of violent protests by civil society, to this end, they wanted to overthrow him, but the political class helped him finish his term but nevertheless, in dated March 1, 2002, the Law 27,677 titled "Law on the Use of Resources Fonavi Liquidation", thus also the amount of money and investments works by this government and linked to the abovementioned standard would have to be deducted at the time quantified the amount of money to return to fonavistas beneficiaries especially if there is speculation owed approximately more than Ten Billion Dollars , and in the same way, no one knows the exact number of beneficiaries and not know it, until the appointment of a special commission that are quantified.
IN SIXTH PLACE: Also keep in mind that the Constitutional Court, has been limited primarily to remind the National Jury of Elections, which this entity can not violate the constitutional right of citizens to participate in a individually or collectively in the political life of our country through a referendum, even more, if the party that promotes it complies with the requirements formal requirements in Law 26300, which of course, such requirements are relatively easy meet, as in Peru, some people tend to sign planillones signatures, not just sympathy or membership of a particular case, but also, ingratiating smile of a lady who invites them to sign, or to receive a gift either, but enough to observe the enormous increase of fronts, alliances, movements and political parties that currently exist in our country, and many of they will be presented at the Regional and Municipal Elections this October 3, 2010 and which will be added in the 2011 Presidential Election in Peru.
IN SEVENTH PLACE: is unfortunate that the political statement of a hand, that if he wins the S í , the next government will be left a time bomb, that the poorest will suffer with increased the GST or the like; and secondly, that if he wins the not, policy will be implemented dead dog, or fonavistas generate many deaths over 60 years of age, among other similar assumptions, when the correct thing, "prime worry that compliance with an order of conditions to satisfy a debt to honor and respect the human person" , and in this case, I believe that you must first specify the total amount of money owed to the fonavistas, after the deductions set forth in the Constitutional Court ruling of January 7, 2008 issued in the 5180-2007 record-PA / TC on Action Amparo, and then you will have the exact number of beneficiaries, so that this next Central Government, in coordination with the Legislature in 2011 choose to find the most suitable way to honor this debt it so that the next government in power, do not be tempted to implement tax measures temporary assumption, given that in Peru, the temporal, usually make permanent , therefore, should not be delegated to the public the decision on whether to approve a bill that will benefit only a segment of our population, since this would mean accepting a disclaimer that it is up to the legislature and the executive branch, indeed, if it could generate in the future, a crude manipulation of the institution of the referendum .
Eight: And attention to all the above, I hope I have contributed some points to consider when opting for a decision in the referendum on October 3, 2010 especially if neither the Executive, Legislative National Jury Elections, not even the Fonavistas, are concerned, to disseminate and report the contents of the resolutions issued by the Constitutional Court, in the subject matter of exposure, since it is not enough to say that win or earn Yes No .
DR. HIDALGO VALERIANO MAMANI.
JR. Of 338 ICA. 218 near Lima.
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