April 12, 2026 – 16:28
The Public Sector Retirement and Pension Fund or Fiscal Fund violates the Constitution by not adjusting to the principles of unity, uniformity, balance and exclusivity of the social security system. This is what Eng. Jorge Darío Cristaldo Montaner, author of the book “Towards Social Security”, maintains in an analysis that we share in full below.
Unity of action and uniformity are fundamental principles of the Social Security System, which are not applied in Paraguay in relation to the non-existent “Tax Box”because there is no “a uniform retirement regime for the different careers” (violation of Art. 102 CN); nor is there a single uniform retirement regime “applicable to all those who, under any title, provide services to the State”, nor is there a single “autonomous body created for that purpose” (Art. 103 CN).
The principle of unity does not coincide with the existence of several pension funds for public sector workers.
The principle of uniformity consists of the elimination of inequalities between people who must access retirement and pensions; excludes the possibility of discrimination based on age, sex, race, marital status or occupational activity; The rules regarding estimates, benefits and requirements to receive them must be the same for all beneficiaries.
The unconstitutionality of various conditions
It is not appropriate – and it is unconstitutional – to require different conditions to obtain the same social security benefits, or when it comes to determining waiting periods or qualifying periods or minimum contributions to receive benefits, or minimum ages to obtain retirements and pensions.
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In Paraguay, in the public sector, the principle of uniformity is not applied in the current legislation on retirements and pensions, generating serious legislative anarchy in the regulation of contribution percentages, qualification periods, retirement amount and conditions required to enjoy the benefit. The lack of uniformity reflects the lack of technical bases and actuarial calculations.
In the preparation and discussion of L. No. 7633/2026, no one thought of obtaining or requesting more information; The deputies and senators, ignorant and irresponsible, only considered their current partisan interests, also ignoring the principle of balance, which consists in the fact that there should be no retirements if there is no single fair and balanced financing regime; It is up to actuarial mathematics to calculate the income necessary to provide retirement and pensions, raising contributions, since costs tend to increase due to structural and cyclical causes.
Exclusivity principle violated
This Law also violates the principle of exclusivity, defined as the exclusive application of the income calculated and legally provided for retirement, only to the legally provided income, without transferring part of a resource to another unbalanced sector.
If there is a deficit, it is necessary to calculate additional increases or a certain reduction in expenses. These principles are of unavoidable application in the distribution system, not properly applied in L. No. 7633/2026, in violation of Art. 95 IIp CN
The foundation of the pay-as-you-go system is not only the beneficiary’s duty to pay the benefits that he or she will eventually receive, but also solidarity; Active public officials and employees pay the benefits of people permanently retired from employment, who, in turn and at the time, paid contributions for previous generations, under the rule of the intergenerational principle.
Trying to “reform” a “Fiscal Fund” that constitutionally does not exist, nor that its regulations comply with the Magna Carta, is characteristic behavior of the rulers in Paraguay, to the ridicule of other countries in the region.
This political attitude, assumed since the Castro dictatorship, is what facilitated the granting of incalculable benefits to Brazil with Itaipú, and to Argentina in the EBY, still keeping the majority of our population in ignorance and misery.
