Responsabilidad del estado colombiano frente al impago del incremento salarial : una vulneración del derecho pensional

The Constitution of 1991 represents one of the greatest achievements of Colombians, since the primary constituent made a change in the political organization of the rule of law to a rule of law. The social state of law is the way in which a sovereign state through the constituent organizes the entir...

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Autor Principal: Valencia Ardila, Marcial
Formato: info:eu-repo/semantics/bachelorThesis
Idioma: spa
Publicado: Universidad de San Buenaventura - Cali 2016
Materias:
Acceso en línea: http://hdl.handle.net/10819/3031
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Sumario: The Constitution of 1991 represents one of the greatest achievements of Colombians, since the primary constituent made a change in the political organization of the rule of law to a rule of law. The social state of law is the way in which a sovereign state through the constituent organizes the entire political system in order to minimize social disparities and disadvantages of the most vulnerable sectors. Among the repeated constitutional legal, constitutional jurisprudence has addressed the pension problem is one of repeated violations, which is an obvious failure, failure by the state to our retirees who suffer daily exclusion in payroll without reasons, like many pensioners who have adquirid the right of pension increase ((acuerdo 049 del 1990, artículo 21 aprobado por el decreto 758 del 1990). through the courts but this increase is nugatory, since the administration does not comply with the court ruling. Therefore the repeated failure of the state is a vacuum which is imperative to evolve in these specific aspects, in order that the pension increase is not illusory given the advanced age of our pensioners.