Acreditación de la legitimación en la causa por activa de la familia de crianza para acceder a la sustitución pensional en la jurisprudencia de la corte constitucional

Abstract

The present study will address the case of the foster family, which is constituted by ties of solidarity, affection, protection, respect and assistance with respect to the children or parents, without properly existing any type of direct consanguinity of the first degree or that there is a legal bond of affiliation between its members, among which are provided what is necessary for subsistence, food, education, shelter, affection and care; however, when a member of the foster family perishes, having the right or expectation of pension, the following legal problem arises, consisting in determining the existence or not of the legitimation in the cause by active to claim recognition of pension replacement - Survivor's pension in favor of a child or foster parent when the budgets established in the law are not credited, specifically the contentious relationship in the civil registry. This problem is solved in that there is legitimacy in the case for active, as long as they comply with a series of conditions or sub-rules established in the sentences issued by the Constitutional Court, sentences which are identified by applying the methodology of the dynamic analysis of the jurisprudence as a document analysis technique.