Análisis de la aplicación del principio de la autonomía de la voluntad en la inversión de recursos por parte de las cajas de compensación familiar.

Abstract

Social security can be considered as one of the most relevant manifestations of the Social Rule of Law, as it is a form of social inclusion and a claim to human dignity. In the old days, from the postwar period of the Second World War, the term and the doctrine of the "welfare state" began to be coined, as a state model and social organization in which the State is in charge of providing services and certain degree of comfort to its citizens, this being a way of fulfilling or materializing social rights that are proper to people. This state model has notoriously permeated the Social State of Law adopted in Colombia through the Political Constitution of 1991, to such an extent that it can be considered as a true duty of the State, the provision of the minimum and necessary conditions for well-being and a life worthy of the population, aimed at achieving the existence of the assumptions required for a peaceful social coexistence. In this sense, as a development of the postulates of the aforementioned State model, the strengthening of democracy has been carried out through various mechanisms, among which we find the creation and strengthening of social security systems, since these constitute a tool for overcoming inequality and the realization of various constitutional rights and guarantees that lead to a greater or lesser extent to the achievement of the general welfare.

In Colombia, social security systems have been progressively implemented in health, pensions, occupational risks and family subsidy programs, which, in addition, seek to materialize social equality through the creation of subsidized regimes, the implementation of programs such as SISBÉN and the categorization of these systems according to the income of the affiliates and beneficiaries. This process towards the realization of the right to social security has been carried out by the State in various ways, in search of greater coverage and effectiveness. The State has opted for the development of the different programs basically in three ways: through its own institutions and entities, creating "alliances" with the private sector or delegating completely these activities to individuals. Now, regardless of the way in which the social security system works, from the economic point of view, the existence of these schemes generates two adverse consequences: on the one hand, they represent an expense or suffrage that must be incurred by employers or independent workers, and on the other hand, constitute the cause for workers and their families have a minimum degree of welfare and social protection, with some temporary coverage even for people who are unemployed. Specifically with regard to the Family Subsidy System, as one of the components of Social Security in Colombia, we find that it has been created as a means to offset the expenses incurred by workers for family and personal support, especially considering the low income of determined and categorized sectors of this population.