La validez del sistema normativo del derecho de la salud en Colombia

Abstract

This is a dogmatic legal study of normative interpretation, which aims to determine whether in Colombia the legal development of the current regulatory design of the General System of Social Security in Health, is consistent or not with the constitutional and international postulates that state, the duty of the State to offer, universal coverage, good quality, and free basic health care for all. To begin, it will begin by identifying the historical aspect and the validity of the current regulations of the system, then the main structural problems of the provision of the health service will be studied from the academic point of view, to determine and do trial or qualification, regarding the degree the substantial validity of the regulations of the legal system that regulates the General System of Social Security in Health, that is, we will verify when the content of the legal provisions is coordinated, compatible and complementary to each other and with the sources of law of greater hierarchy. During this document, we observe two juxtaposed tendencies regarding the provision of the health law service, the first from the constitutional point of view, which aims to generate quality and total coverage in the health right attached to the “guarantee rigid constitutional ”promoted by the teacher Luigi Ferrajoli, in which the entire national population, regardless of their resources or contributions, must be assured of the protection of their social rights, and secondly the position of the entities that promote the health service (EPS) that do not direct their actions towards the fulfillment of this social purpose, but instead develop formalities and barriers to give prevalence to the economic gains that it allows and tends to generate Law 100 of 1993.