Julius Caesar Castiglioni
In recent weeks it has been seen that there are a number of requests for vacancies on the grounds of Nepotism, under the provisions of article 22 paragraph 8) of Law No. 27,972 Organic Law of Municipalities, so we will see some aspects of the subject.
Article 1 of Law N º 26771, Law establishes prohibition to exercise the power of appointment and recruitment in the public sector, in cases of kinship, states that the line officers and / or personal trusted entities and government departments making up the Sector National Public and State companies, which have power to appoint and hire staff, or have direct or indirect interference in the selection process are prohibited from exercising that power in your organization about their relatives to the fourth degree of consanguinity, affinity two by marriage. Extend the ban on non-personal service contracts.
Article 2 of Supreme Decree N º 021-2000-PCM, which approves the Regulations of the Law of Nepotism, provides in cases of kinship, states that set the act of nepotism, where the line officers and / or personal confidence of the Bank to exercise its power appointment and recruitment for relatives within the fourth degree of consanguinity, affinity two by marriage, or when officials described previously exercised direct or indirect interference in the appointment and recruitment.
be presumed, unless proved otherwise, that there is direct interference when the official management or trust that holds the relationship indicated is charged more than one who has the power to appoint or employ staff, within their institution. Understood by indirect interference is exercised by an official address and / or confidence not part of the entity in which recruitment was conducted or the appointment is, by reason of their duties, any interference in those taking or take the decision to hire or appoint the appropriate entity.
Meanwhile, Resolution No. 156-2007-JNE, in its fifth recital states that the acts of nepotism as a cause of vacancy in the office of mayor or council members are set out in article 22 inc. 8) of the Organic Law of Municipal Order No. 27972, legal provision is applied and interpreted in accordance with Law No. 26771 and its Regulations approved by Supreme Decree N º 021-2000-PCM amended by Supreme Decree N º 017-2002-PCM that regulate and developed. Under these rules on nepotism is the act whereby an officer management and / or trusted staff conformant entities and public sector departments and state companies, which have power to appoint and hire staff, or have direct or indirect interference in the selection process exercise such power of appointment and recruitment for relatives within the fourth degree of consanguinity, affinity two by marriage, that included in the first case, the family they have blood ties, as they are, parents, children, grandparents, siblings, grandparents, grandchildren, uncles, grandparents, grandchildren and brothers first, and in the second case, besides the spouse, -laws, brothers and grandparents of the spouse.
In addition, Resolution No. 009-2008-JNE, in its sixth paragraph states that, in this sense, policy makers, to be officials of apparent power in the councils, are embedded within the prohibition of hiring entity in respect of their relatives within the fourth degree of consanguinity, affinity two by marriage, then excluded from the scope of the "Law of nepotism, arguing on whether or not" line officers and / or personal confidence, "would contradict the essence of such a law, which in turn generate inequality the treatment of certain officials and dissatisfaction in the population and social demands of justice, a criterion that has been designated by the college of settled law.
turn Resolution No. 071-2008-JNE in the sixth paragraph states that according to Article 236 of the Civil Code, the blood relationship is a relationship existed between the descendants of one another or log common, determining the degree of kinship of a collateral line up of relatives down to the common trunk and then to the other, to respect it should be noted that the blood relationship was also established from a log common, it is necessary for civil purposes and the application of Law No. 26771 it is considered only in a straight line so that only take into account ascending and descending as parents, grandparents, great grandparents, grandparents and in turn, children, grandchildren, great grandchildren and great grandchildren, and this figure because it is recognized that the relationship side, that being so, it should be noted that although in the case resolved by Resolution No. 288-2005-JNE cited as case law is determined the nephew of the citizen in question was a relative by blood in the fifth grade, this does not mean that all the nephews belonging to the fifth degree of kinship as it is evident that children of the brothers, being nephews, are third-degree relatives, having warned the resolution to the family relationship was alluded to fifth grade, so it was not applicable to Law No. 26771 and in the seventh paragraph states that with these details and strictly applying the rules of the Civil Code and Law No. 26771 must be in this case the common core, constituting the first degree of consanguinity on Mr. Mayor, corresponding from them down to her niece granddaughter, to verify what is the degree of inbreeding that has this with the mayor vacated by the City Council, so things can be seen that the sister of Mayor is a relative in the second degree of consanguinity, being the son, his relative in third grade and both his children, fourth-degree relatives, which is credited to these kids that just closes the fourth degree of consanguinity referred, and therefore apply these standards.
As you can see the inside of nepotism are also involved the mayors and aldermen, according to the jurisprudence of the National Jury of Elections.
Thursday July 3, 2008
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