Publicación:

Desarrollo jurisprudencial de la Corte Constitucional sobre la aplicación del principio de progresividad en material pensional en Colombia

Resumen

The principle of progressivity of social rights, as well as the social benefits in the matter of pensions and the restriction of their regressiveness, have been the subject of study by the jurisprudence of the Colombian Constitutional Court. Since the entry into force of the 1991 Political Charter and the Constitutionality Block, which recognize better and higher benefits regarding social, economic and cultural rights; Eventually, imposing limits on the legislator's regulatory power to modify pension requirements, as long as the fiscal sustainability principle is not contrary. In that order of ideas, the main objective of this research is the study of the jurisprudential development that the Constitutional Court has carried out on this principle in pension matters. The result of this work was developed under the application of a basic or pure type of research with a qualitative approach, and the inductive research method was based on the collecting of documentary information, norms, jurisprudence and doctrine related to the study object.