Derechos adquiridos vulnerados en el régimen especial de las FF.MM

Abstract

The topic of social benefits and allocation of retirement in the FF. MM, is has become in a theme of vital importance for some groups vulnerable within the institution, especially with them agents of the State private of the freedom, who a time are notified of a measure of assurance in his against, by behaviors by cause, in occasion or relationship direct, indirect with the conflict armed or in restoration of the order public performance rights and allocation of retirement are undermined immediately without taking into account the presumption of innocence, the irony is that the standard allows that public server to continue with an unarmed salary except for some cases where the prosecuting entity says suspending the functions and powers that leads to a discount of 50% of the salary. The above is based precisely on the presumption of innocence, which only distorts a duly enforceable judgment, which finally leads to the separation of force, causal which violates the principle of constitutional equality and other employment, generating consequences benefits and retirement assignment blunt, first-hand, ignoring the constitutional article 217. The prison population as members of the army has been increasing since 2005 and until today principles of the year 2017, they are flaws of interpretation by members of the institution, public employees of the force or defense sector, who apparently are unaware of the basic constitutional principles and the basic labor law. Even when different instances in contentious administrative matters at the head of the State Council have issued concepts and jurisprudence on the subject specifically, that if well is certainly not enough to rise to judicial precedent, should at least be half of inquiry by the institution of the military in securing benefits and labour rights. Labour jurisprudence advances quickly protecting and applying the principle of progressivity, in order to guarantee rights as: the vital minimum, equality, due process and social security in general. And it is precisely this dynamic interpretation which must follow the institutions of the State, as is the case with our study "National army" in order to not act hastily to ignore the above rights. The current situation of the country allows that the labour rights of the members of the FF. MM are seen from another perspective, International humanitarian law, as it is this figure is which is intended to apply in the JEP (special jurisdiction for peace), i.e. that all the behaviors of the members of the institution split of legality and due to the internal armed conflict, then far performance and withdrawal allocation rights must be protected precisely by being fulfilling a constitutional mission. Then it is essential to make a study of descriptive way, allowing to collect most relevant concepts analysed by the higher courts to discern the specific topic, in significant cases where States and transcendence that have protected the rights and principles of labour and constitutional in the members of the national army, and in the same way to relate the aspects that have argued ignorance of them and what would be the future scope and aspects taking into He has the cyclical time in the country.