El modelo de economía social de mercado, analizado desde la óptica del principio de sostenibilidad financiera del sistema general de pensiones y la materialización del servicio público a la seguridad social

Abstract

As we know, with the promulgation of Political Constitution of 1993 Colombia suffered a lot of changes in the Constitutional area because the Social Rule of Law model was adopted, which its goal, according to Cordero, Galvis & Pinto (2015), is to protect the minimum subsistence of the governed by the governors.

The idea of this State is to granted the governed several social rights driven by actions intended to the materialization of those rights, even a few of them were classified as public utility. That means that its materialization is mandatory, for example Social Security.

Although the Constitucional Court has considerated, according to verdict T-043 of 2019, that Social Security right is related to dignity and minimum subsistence, once this right is classified as public utility the economic element has a fundamental part in its materialization.

That economic element brought the creation of Financial Sustainability as a Principle, which his goal was to improve the financial distribution of Social Security resources.

Principle that was develop according to Social Market Economy model, in which the State and the involvement of private actors in economy, must be harmonious.

Thats why, in this article confronted the protection and materialization of Social Security as a right and public utility, with its economical field through concepts like Financial Sustainability, developed according to Social Market Economy. This, with the purpose of study, is to learn the existance of some incompatibility between this concepts.