The Supreme Court reversed the ruling handed down by the Talca Court of Appeals and rejected the total withdrawal of pension funds from an affiliate of AFP Provida.
The Third Chamber of the highest court in the country determined that Provida had acted correctly by denying the total withdrawal of funds to the member, who retired in 2017 and currently receives a pension of $ 163 thousand.
The Supreme Court’s ruling ruled out the arguments given in the Court of Appeals, which indicated that the affiliate’s situation faced two constitutional rights, such as social security and the right to property.
According to the Supreme Court, the fact that he receives a monthly pension based on his savings rules out this argument.
“It is relevant to point out that the contested judgment poses a false collision between constitutional rights, since in no case has the exercise of property rights been deprived or disturbed of the actor with respect to his pension funds ”, indicates the ruling.
It also maintains that although the legislation contemplates situations to withdraw part or all of the pension funds, this case was not among the exceptions and that it is not something that the courts can determine either.
“The circumstance that the legislator has established a specific system that enables the withdrawal of funds under certain circumstances and modalities, it does not imply that the courts of justice can make an extensive application of such provisions “he adds.