Second withdrawal of 10%: TC suspends resolution and asks Congress for more information before deciding whether to accept Piñera’s request

After the government went to the Constitutional Court for the project presented by the opposition that allows a second withdrawal of 10% of AFP funds, The plenary session today suspended the decision of whether or not to accept the request presented by President Piñera.

After reviewing the libel this morning, Nine of the 10 ministers decided to request more information from Congress before deciding whether to proceed with this process.

Knowledgeable about the agreement point out that Parliament will be asked for information on voting, current status of processing and the draft text.

Subsequently and through a press release the plenary confirmed that “Resolved, in accordance with the provisions of article 37, in relation to articles 63 and 65, of Law No. 17,997, Constitutional Organic Law of the Constitutional Court, as measures to better resolve, and prior to providing about the admission for processing of the requirement of unconstitutionality deduced, to officiate to the Chamber of Deputies and Deputies, the Senate and the requesting party, in order that they accompany background, within a third day”.

The resolution was adopted by President María Luisa Brahm, and Ministers Iván Aróstica, Juan José Romero, Gonzalo García, Miguel Ángel Fernández, Cristián Letelier, Nelson Pozo, José Ignacio Vásquez, and Pía Silva. The only one who was to carry out the examination of whether or not to accept what was in the file was Minister Rodrigo Pica.

It should be remembered that on November 22, the government presented a request to the Constitutional Court for that body to rule on adherence to the fundamental letter of the bill, presented by opposition parliamentarians, which allows AFP contributors to withdraw up to 10% of the balances accumulated in their accounts, with a limit of 150 UF.

Without any public activity and only through a statement sent from La Moneda, the Executive explained that “Today the Constitutional Court entered a request to declare unconstitutional the project presented by a group of deputies, regarding a new withdrawal of pension funds”.

The document contextualizes that this decision occurs within the framework of “Some parliamentarians are trying to write a parallel Constitution, through constitutional reform projects that introduce transitory articles, without modifying the current Constitution”.