La reparación material en la jurisprudencia constitucional : estándares aplicables al pago de haberes como medida implícita cuando no ha sido ordenada expresamente.

Abstract

In this complex examination, the issue of express order omissions of the payment of remunerations not received during the period in which a public servant is unfairly separated from his work is addressed and how that omission is solved. The main objective of this study is to analyze the impact of the jurisprudential rules to guarantee the effective fulfillment of the integral reparation in these cases, in which the order of the payment of the aforementioned assets has been omitted within the measures dictated in the sentences that favor the plaintiffs, judgment No. 57-18-IS/21 will be specifically analyzed, in which an action for non-compliance with a constitutional judgment arising from a protection action is resolved. The research carried out is of a qualitative type, applying the analytical-descriptive approach to study in detail each of the relevant aspects of the sentence, especially with regard to comprehensive reparation for material damage and the constitutional precedents that served to resolve the case. case. The technique used corresponds to the bibliographic review and the documentary analysis as an instrument, therefore, a case study of a constitutional sentence will be carried out. From the analysis carried out, we will be able to obtain several final conclusions regarding the importance of constitutional precedent as an effective means to achieve compliance with comprehensive reparation for material damage when there are failures in the measures ordered in first instance sentences.