State as guarantor of fundamental rights for recognition of school bonus on regime 1057

Abstract

Objectives: Determine the responsibility of the State on the fundamental rights of CAS collaborators. Analyze how Supreme Decree No. 02-2022-EF violates the right to equality of CAS employees, Determine the effects caused by the violation of the fundamental rights of CAS employees. Materials and Methods: A qualitative basic research approach was adopted, employing a grounded theory design. Interviews were conducted with experts in constitutional law and public administration, complemented by document analysis based on the Political Constitution of Peru and other relevant regulations. Results: The findings reveal that the State fails to fulfill its role as a guarantor by allowing significant disparities among public servants performing equivalent tasks, denying certain groups the labor benefits granted to others. Specifically, Supreme Decree No. 02-2022-EF was identified as violating constitutional principles by sustaining a CAS regime that discriminates and infringes upon fundamental rights, such as equality and access to dignified working conditions. Conclusions: The responsibility of the Peruvian State has been determined regarding the fundamental rights of CAS collaborators, which are violated by the norm that regulates their hiring, since said regime was born unconstitutional in contravention of the legal provisions set forth in the Political Constitution of Peru by the lack of recognition of labor benefits as well as the school bonus, which despite the existing regulations on the protection of said rights are not actually fulfilled, generating valid knowledge in the field of law to solve the existing problem.