Principio de progresividad y no regresividad de los derechos pensionales.

Abstract

Given the panorama of uncertainty regarding the realization of the right to a pension, since the existence of resources directed towards that purpose is conditioned, which in itself denatures the right to social security, a violation of the Principle of Progressivity of pension rights, contained in the constitutional and international norms already referred to, for which the establishment of regulatory limits to the regressivity that has occurred in pension matters becomes imperative. Thus, it is plausible to ask the following research question: What are the general elements that must be considered to implement the Principle of Fiscal Sustainability of the Social Security System, in order to avoid violating the Principle of Progressive rights pension, enshrined in articles 48 and 53 of the Political Constitution of 1991 and in the Block of Constitutionality? Thus, the hypothesis of the investigation is that: given the violation resulting from the inconsistency manifested between the national and international norms that enshrine the principles of progressivity and the prohibition of regressivity, and the pension regulations subject to the Principle of Fiscal Sustainability, It is necessary to establish the fundamental nucleus of the right to a pension as a limit to the permitting of regressivity and the primacy of Fiscal Sustainability, in order to safeguard the Principle of Progressivity of pension regulations.