Altas pensiones de los congresistas, sostenibilidad financiera del régimen prima media, ¿Crisis del estado social de derecho? Análisis entre los años 1992 al 2018.

Abstract

In this report an analysis is made of the regression in social and cultural economic rights that has arisen with the implementation of the current of fiscal support in Colombia, both in legislative production and in judicial pronouncements, mainly those of the Court. Constitutional.

As can be evidenced by a party in legislative act 01 of 2005, which reformed article 48 of the National Constitution, seeking for the financial sustainability of the pension system, first by establishing a temporary term for the validity of special and excepted pension schemes , and of the transition regime of Law 100 of 1993 and second by putting a maximum limit to pay pensions with public sector resources.

As it has been presented lately in the jurisprudence of the Constitutional Court as we can see in judgment C-258 of 2013, which initially advocated the cuts in pension benefits received by the former senior officials of the Government, whose pensions were settled with the provisions of article 17 of Law 4 of 1992 and that later by means of judgment SU 230 of 2015, extended its effects to the other pension regimes, who accessed these benefits in application of the transition of Law 100 of 1993, by Which raises the following question: Does the implementation of the principle of fiscal sustainability in the cuts to the pension privileges of the congressmen that have been established through legislative and jurisprudential channels, from 1992 to 2018, violate the principles of the Social State of Law and the principles of progressivity and prohibition of regressivity, so that the State would be in crisis right?

Solving the question, we find that the principles of the social rule of law, such as the principles of progressivity and prohibition of regressivity, are being violated, by ignoring the acquired rights and legitimate expectations of pensioners with lower incomes, so that Regarding this, we can talk about the crisis of the social state of law, because, as explained in this research, under the pretext of lowering the pensions of congressmen, it ended up affecting pensioners with lower incomes, who are ultimately those who are assuming the burden of cleaning up the fiscal gap that left precisely the payment of the high pensions of congressmen and other high officials that is applicable to article 17 of law 4 of 1992.

Therefore, a diagnosis of the Colombian pension system is made to determine whether with the implementation of the principle of fiscal support that has been carried out to achieve the financial support of the average premium regime (RPM), the Principle of progressivity and non-regression in social, economic and cultural rights (DESC) within the framework of the social rule of law.