-57for legal protection [protection of constitutional guarantees and rights] filed by the
workers admissible on the grounds that:
the Municipality has not respected the peremptory time period set forth in Decree-Law
26093, in the sense that the assessments would be carried out every six months, since
the assessment carried out in the first semester ended in October and the second one,
corresponding to the second semester of 1996, was started in November.
204(23) The Primer Juzgado Corporativo Transitorio Especializado de Derecho
Público (First Corporate Provisional Court Specializing in Public Law), in charge of the
enforcement of judgments rendered by the Sala Corporativa Transitoria Especializada
en Derecho Público (Corporate Provisional Chamber Specializing in Public Law) on
September 23, 1998 and June 23, 1999, by virtue of Orders of November 23, 1998
and October 5, 1999 requested the Municipality of Lima to comply with such
judgments.63
204(24) The Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima)
filed three objections to enforce the judgment rendered on September 23, 1998,
which were found to be groundless by the Sala Corporativa Transitoria Especializada
en Derecho Público (Corporate Provisional Chamber Specializing in Public Law) in the
judgments rendered on June 4 and 11, and August 6, 1999.64 Such Chamber based
its decision, inter alia, on the grounds that:
the Municipality cannot allege the prohibition in the 1998 Budget Law to be excused from
complying with a court order having the authority of a final pronouncement […;] it has
been recognized by doctrine that the conduct established by the Res Judicata principle
prevails on the conduct established by the law that would render Res Judicata invalid.
in order to restore the situation back to its former state the workers who acted as
plaintiffs should be reinstated to their jobs and the failure to comply with this on the
grounds of the objection based on reasons of austerity cannot be admitted, since such
impossibility would only take place when the aggression becomes irreparable, which has
not occurred, for if that had been the case, the claim would have become unsustainable,
something that would have been noted by the judges.
204(25) On July 4, 1997 the Municipality of Lima issued Ordinance No. 117 “which
regulates the assessment and reinstatement of the staff of the Municipalidad
Metropolitana de Lima (Metropolitan Municipality of Lima) and the district
Municipalities of the province of Lima,” whose Article 4 provided that “the municipal
staff who start an administrative career for any reason or motive, including the
reinstatement to their jobs by virtue of a court order and who were not assessed
pursuant to Decree-Law No. 26093 in 1996 or whose assessment was set aside,
should be assessed, wherefore the authorities will issue the pertinent regulations
[…].” By Resolution No. 3746 of October 21, 1997 the Bases for the Staff
63
Cf. Orders issued by the Primer Juzgado Corporativo Transitorio Especializado de Derecho Público
(First Corporate Provisional Court Specializing in Public Law)Provisional November 23, 1998 and October
5, 1999 (case file with appendixes to the application brief, appendixes 22 and 23, folios 1344 and 1369).
64
Cf. Judgments rendered by the Provisional Sala Corporativa Transitoria Especializada en Derecho
Público (Corporate Provisional Chamber Specializing in Public Law) on June 4 and 11 and on August 6,
1999 (case file with appendixes to the application brief, appendix 22, folios 1345 to 1351).