-52governments within the scope of Law No. 26093 (supra para. 204(1)), whereby municipal governments were authorized to start assessment and classification processes of their employees and workers.38 204(4) On January 28, 1996 Lima Mayoral Resolution No. 033-A-96 of January 16, 1996 was published, wherein it was established that the Staff Assessment Program of the Municipalidad Metropolitana de Lima (Metropolitan Municipality of Lima) pursuant to Law No. 26553 of 1995 and Decree-Law No. 26093 of 1992 (supra paras. 204(3) and 204(1)), and the Bases for the aforementioned program, contained in Attachment 1 thereto, were adopted. According to the provisions of the above Resolution, such program encompassed “all the staff —supervisory, professional, technical, administrative and operative—, workers and employees.” 39 204(5) The Bases of the foregoing Staff Assessment Program provided that on March 22 and April 12, 1996 a job assessment of employees and workers respectively was to be carried out. Furthermore, it was set forth that “those workers who do not qualify according to the assessment process, as well as those who decide not to undergo the assessment and/or fail to sit for the pertinent exams, would be declared redundant pursuant to Decree-Law No. 26093.”40 Said Bases were not published before the dates for which the assessment was scheduled.41 204(6) The assessment process was entrusted to Universidad Privada San Martín de Porres (San Martín de Porres Private University) pursuant to Lima Mayoral Resolution No. 4102-96.42 204(7) The Municipality of Lima did not carry out the assessment scheduled for March 22, 1996 (supra para. 204(5)).43 204(8) On March 25, 1996 some workers stated in writing that they had failed to appear voluntarily on the date the assessment was scheduled and reaffirmed their intention not to undergo such assessment.44 38 Cf. 1996 Public Sector Budget Act, Law No. 26553 (case file with appendixes to the application brief, appendix 13, folio 130). Cf. Lima Mayoral Resolution No. 033-A-96 issued on January 16, 1996 (case file with appendixes to the application brief, appendix 14, folio 147). 39 40 Cf. Bases of the Staff Evaluation Program of the Municipalidad de Lima Metropolitana (Lima Metropolitan Municipality) (brief filed on August 12, 2005 by the Public Attorney of the Municipalidad de Lima Metropolitana (Lima Metropolitan Municipality) on its behalf, appendix 3, folio 5099). 41 Cf. Judgments rendered by the Chamber Specializing in Public Law on February 6 and June 6, 1997 (case file with appendixes to the application brief, appendixes 17 and 19, folios 861 and 1093). 42 Cf. Lima Mayoral Resolution No. 4102-96 (case file with appendixes to the brief containing the answer to the application, appendix 11, folio 4172); contracts for services entered into by the Municipalidad de Lima (Municipality of Lima) and Universidad San Martín de Porres (San Martín de Porres University) (case file with appendixes to the brief containing the answer to the application, appendixes 12 and 13, folios 4174-4178). 43 Cf. Judgments rendered by the Tribunal Constitucional (Constitutional Court) on April 9 and August 20, 1999 (case file with appendixes to the application brief, appendixes 20 and 21, folios 1275 and 1322).

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