Proceso de construcción de la regulación del sistema de salud pública en Colombia, desde el debate parlamentario hasta el control constitucional (1990-2010)

Abstract

This thesis addresses the process in which the Health System in Colombia was created through jurisdictional construction, using a special focus on the Law 100 and the creation of the General System of Social Security regarding Health; it also covers the background of the process that made it possible for this system to exist, framing all the above within the change that took place in which Colombia passed from a development model to a neoliberal one, a process that is analysed from the economic and political points of views in the country and its impact on the conceptions of health. After reviewing the Law 100, deepening within the process of developing the public health system, an analysis of the modifications done to the social security system in health through the Law 1122 of 2007 was made. Finally, the structural changes of the SGSSS are analyzed based on the judgment T-760 of 2008, which declares that health is an autonomous fundamental right linked to life, and this study ends with the analysis of the health social emergency that took place during the period 2009-2010 under the government of Alvaro Uribe Vélez. In conclusion, the thesis states that the vicissitudes of the neoliberal model that governs health in the country originate in the difficulties of its implementation and those of the exercise of public health, given that the SGSSS is built from a perspective of privatizing the system and supporting this purpose in private insurance.