The First Final and Transitory Provision of the Political Constitution of Peru establishes the constitutional limits to the freedom of configuration of the pension regimes (current and future) by the legislator, being one of the main ones, the constitutional prohibition of the leveling, homologation or renewal pension that was made concrete with the elimination of the so-called “mirror effect” or “live ID”. In the present work, it will be analyzed whether the -recent and last- reform made to the Military Military Pension Regime, by means of Law N °30683, was developed within the aforementioned constitutional limit, in order to determine if said norm turns out to be constitutional or unconstitutional.

In Peru, since the end of the year 1992, there is a mixed retirement model which consists of a public system – integrated by the members of the armed and police forces (Decree Law 19846), public officials (Decree Law 20530), diplomatic officials (Supreme Decree 065-2009-RE) and the National Retirement System (Decree Law 19990) - and, in parallel, a private model, namely, the Private Retirement System (SPP – Sistema Privado de Pensiones) of the Retirement Fund Administrators (AFP – Administradores de Fondos de Pensiones) (Decree Law 25897). Due to the extent that several factors have affected the normal development of the public retirement systems, they have been tried to be replaced by the Chilean private model of 1980. However, the financial crises have revealed that this mechanism also has weaknesses, especially by their intimate connection with the volatility of the fina...

This essay reviews the importance of the case theory in the development of the new labor process. It highlights the relevance of orality as a technique that seeks to replace the written model. It also shows thecomplications in the development of its application, which were caused by the accelerated judicial virtuality as a result of the COVID-19 pandemic.

This essay critically reviews the measures that the Judiciary has taken, as a result of digitalization derived (and accelerated) by the arrival of COVID-19, which has generated a race for comprehensive implementation, at the national level. national: of the Electronic Judicial Record (EJE), the Electronic Notification System (SINOE), among other technological tools, such as the Virtual Hearing, whose application in Labor Headquarters has originated positions for and against its validity and procedural legitimacy. In this sense, it is reviewed if these measures have affected the implementation of the labor procedural reform of 2010, based on orality and the use of technologies, but also accounting for the questioning of unfulfilled promises, which are based on an apparent disconnection of the objectives of the change and the tasks that each participant in the conflictive relationship...

La Primera Disposición Final y Transitoria de la Constitución Política del Perú establece los límites constitucionales a la libertad de configuración de los regímenes pensionarios (actuales y futuros) por el legislador, siendo uno de los principales, la proscripción constitucional de la nivelación, homologación o renovación pensionaria que quedó concretada con la eliminación del denominado “efecto espejo” o “cédula viva”. En el presente trabajo, se analizará si la –reciente y última– reforma realizada al Régimen de Pensiones Militar Policial, mediante la Ley N° 30683, se desarrolló dentro del límite constitucional antes referido, a fin de determinar si dicha norma resulta ser constitucional o inconstitucional.

In Peru, since the end of the year 1992, there is a mixed retirement model which consists of a public system – integrated by the members of the armed and police forces (Decree Law 19846), public officials (Decree Law 20530), diplomatic officials (Supreme Decree 065-2009-RE) and the National Retirement System (Decree Law 19990) - and, in parallel, a private model, namely, the Private Retirement System (SPP – Sistema Privado de Pensiones) of the Retirement Fund Administrators (AFP – Administradores de Fondos de Pensiones) (Decree Law 25897). Due to the extent that several factors have affected the normal development of the public retirement systems, they have been tried to be replaced by the Chilean private model of 1980. However, the financial crises have revealed that this mechanism also has weaknesses, especially by their intimate connection with the volatility of the fina...

In Peru, since the end of the year 1992, there is a mixed retirement model which consists of a public system – integrated by the members of the armed and police forces (Decree Law 19846), public officials (Decree Law 20530), diplomatic officials (Supreme Decree 065-2009-RE) and the National Retirement System (Decree Law 19990) - and, in parallel, a private model, namely, the Private Retirement System (SPP – Sistema Privado de Pensiones) of the Retirement Fund Administrators (AFP – Administradores de Fondos de Pensiones) (Decree Law 25897). Due to the extent that several factors have affected the normal development of the public retirement systems, they have been tried to be replaced by the Chilean private model of 1980. However, the financial crises have revealed that this mechanism also has weaknesses, especially by their intimate connection with the volatility of the fina...

The First Final and Transitory Provision of the Political Constitution of Peru establishes the constitutional limits to the freedom of configuration of the pension regimes (current and future) by the legislator, being one of the main ones, the constitutional prohibition of the leveling, homologation or renewal pension that was made concrete with the elimination of the so-called “mirror effect” or “live ID”. In the present work, it will be analyzed whether the -recent and last- reform made to the Military Military Pension Regime, by means of Law N °30683, was developed within the aforementioned constitutional limit, in order to determine if said norm turns out to be constitutional or unconstitutional.