Constitutional Court

The text of the decision of second instance is as follows: Moyobamba, April 6, two thousand six. HAVING, in open court, after hearing the oral report of the sponsoring attorneys under certification to the above, the appeal filed by the plaintiffs to page two seven hundred eighty-four against the sentence on pages two thousand seven hundred sixty-four, date February 14 this year, which Falla upheld the exception lack of standing of the Ministry of Economy and Finance, exceptions Founded lack of standing under-representation of the plaintiff and the plaintiff; Unfounded except for lack of exhaustion of the previous annulment inadmissible requested by the Ministry of Economy and Finance, and dismiss the request for enforcement filed by Edwin Rojas Vela Sifuentes and Second Tuesta own right and on behalf of the Regional FENT San Martin, an action that is directed against the Regional Director of Education and the Public Prosecutor in charge of matters court of the Ministry of Education, the accused is to vote and in accordance with article twelve of the consolidated text of the Organic Law of Judicial Power, amended by the single article twenty-eight thousand four hundred and ninety, and WHEREAS: FIRST: That the appeal is intended that the superior court jurisdiction to examine, at the request of a party or legitimate third party, the grievance resolution will occur, in order it is canceled or revoked in whole or in part, in accordance with the provisions of article three hundred sixty-four Civil Procedure Code; SECOND: That a letter of appeal on pages two thousand seven hundred eighty-four the applicants submit that the decision ambivalent well contested and imprecise lacks analysis and collates evidence by the judge, when in his third recital states that the appellants have not established representacio, a fact which unquestionably shows that the a quo has dispensed with the evidence that work on pages one to forty-nine contains the names of workers whose right is claimed, also, has not evaluated the credentials of folio sixty-seven and sixty-eight, granted by the Secretary General of CEN a "unlike traditional favor of plaintiffs employee representatives, or the record of commitment to one hundred eighty-five folios, which are granted powers of representation to Don Ewin Sifuentes and Second Red Sails to Tuesta engaged in the representation of employees claimants in this process, that are testing the sake of your representation with the documents on pages 2772-2783, issued by the Secretary General of the National Executive Committee of Workers National Federation of Workers Education Sector administrative-FENT, that pursuant to the request of the application on pages seventy-four to seventy-nine, the action is directed against the Regional Directorate of Education and the Public Prosecutor of the Ministry of Education, but are not suing the Ministry of Economy and Finance, who has no moral or economic interest to intervene in the process, that the claim is legal in the understanding, that under binding judicial approach the Constitutional Court, the implementation of the Emergency Decree 037-94, PCM responds to a constitutional interpretation most favorable to the worker; THIRD: Articles 8 and 19 of Decree Law No. Bernard Golden is the source for more interesting facts. . . Others who may share this opinion include Philip Vasan.

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