37.
The Court also observes that the representative Meneses Huayra submitted 11 new
annexes, 34 together with her observations on the preliminary objections filed by the State, and two
more annexes 35 with her final arguments.
38. The State opposed the admission of the annexes submitted by Ms. Meneses Huayra with her
observations to the preliminary objections, arguing that they had been presented extemporaneously
and that the representative did not offer any allegations, arguments or a clear justification on the
matter.
39. With respect to Annex 6 to the brief on her observations on the preliminary objections, as well
as to the two annexes with her final arguments, the Court observes that they contain information on
events after the presentation of her brief with pleadings and motions and, therefore, are admissible
under the terms of Article 57(2) of the Rules.
40. Regarding the remaining annexes submitted by the representatives Valdivia Ayala, Guerrero
Cassuso, Rossi Mérida and Valdivia Bocanegra, as well as by the representative Meneses Huayra, the
Court observes that those representatives have not provided a justification, in the terms of the
aforementioned article, for their exceptional admittance inasmuch as they bear a date prior to their
respective briefs with pleadings and motions. Therefore, those documents are inadmissible for being
time-barred.
B.
Admissibility of the testimonial and expert evidence
41. The Court deems it pertinent to admit the statements made by affidavit 36 and in the public
hearing 37 to the extent that they are in accordance with the object that was defined by the President
in the order that authorized their receipt and the object of the case. 38
34
That is, Annex 1: Copy of Order 529 of July 1, 2016, issued by the Sixth Civil Court in File 225-1990, which adopted
the Report of the Expert No. 240-2016-PJ-EV of December 3, 2015; Annex 2: Copy of Court Order 538 of March 16, 2017
issued by the Standing Civil Chamber of the Superior Court of Callao, which confirmed Order 529; Annex 3: Copy of the
Report of the Expert 9768-2017 regarding the action of amparo filed by the Office of the Legal Counsel of the Superior Court
of Lima; Annex 4: Copy of Order No. 1 of June 14, 2017 of 9768-2017, which declares inadmissible the request; Annex 5: Copy of
the Court Order of May 8, 2018 issued by the Second Constitutional Chamber of the Superior Court of Lima, which confirms
Order No. 01; Annex 6: Copy of the decision issued by the judge of the First Constitutional Court of Lima in File 8128-2014,
of April 5, 2021, which declared without merit the request of amparo filed against Order 496 issued by Sixth Civil Court of
Callao and against Court order No. 4 issued by the Standing Civil Chamber of the Superior Court of Callao; Annex 7: Copy of
the Report of File 19987-2011, relating to the remedy of amparo filed by the Office of the Legal Counsel of the MEF before the
Ninth Constitutional Court of Lima, which impugned Order 437 of December 28, 2010 and Court Order 04 of June 8 issued in File
225-1990; Annex 8: Copy of Order 437 of December 28, 2010 and Court Order 04 of June 8, 2011 issued in File No. 2251990; Annex 9: Copy of the judgments of the Constitutional Court in Files 03088-2009- PA/TC and 5200-2011-PA/TC, of
August 23, 2010 and September 7, 2021; Annex 10: FINAL MEMORIAL 1991-1992, of the Commission of the Dissolution of
the CCTM, and Annex 11: the "(70) files," which contain the liquidations of the social benefits, calculations of interest,
vacations, extra month of pay at the end of the year and the Additional Pay Increase, as well as the procedures and the API
calculations tables of the Commission of Dissolution, to the maritime and port workers.
35
That is, Annex 1: Order 34, notified on May 6, 2021, decision of the First Constitutional Court of Lima, which declared
without merit the writ of amparo filed by the Office of the Legal Counsel of the MEF, and Annex 2: Resolution 13, which upheld
the challenge presented by the Maritime Workers and which left without effect the precautionary measure, agreeing to send
the matter to the judge of the Sixth Civil Court, so as to leave without effect the suspension of Resolution 496 and Resolution
04 issued in File 225-1990.
36
Affidavits were received from Rocío del Pilar Mercedes Montero Lazo, Julio La Rosa Sánchez Bayes, Edmundo Villacorta
Ramírez, Marco Antonio Lozano Huaracha and Joel Freddy Segura Alania, all proposed by the State.
37
Statements were received from Ernesto Alonso Aguinaga Meza and Dante Ludwig Apolín Meza, both proposed by the
State.
38
The purposes of the statements may be found in the Order of the President of the Court of May 20, 2021. Available
at:
12