¿Debe reconocerse la pensión de sobrevivientes a beneficiarios de los miembros de la fuerza pública fallecidos antes de la reforma al sistema pensional que hoy los rige?

Abstract

This paper aims to discuss the issue concerning the recognition of pension Survivors from beneficiaries of members of the Public Forces who have died before the pension system that is in place nowadays.This paper also raises the question whether under the new rules created in the context of the Political Constitution of 1991, it may be possible to recognize this pension, since today the right is denied for people not having fulfilled the minimum time required in the previous regulation. This position has faced the doctrinal contradicting positions of this High Court, with the jurisprudence of the Constitutional Court which has recognized that that these rights under the principle of retrospective application of the law aim for a more favourable pension. The objectives sought with this work is to demonstrate the viability of these pension rights can be recognized under the principles and parameters of the Constitution of 1991, retrospectively applying new more favourable pension rules created into force of the new constitutional order, and making it mandatory to adopt the jurisprudence on this subject issued by the Constitutional Court.