info:eu-repo/semantics/bachelorThesis
Análisis de obstáculos y criterios para el otorgamiento de la pensión de invalidez usando como mecanismo la acción de tutela en los últimos trece años en la jurisprudencia colombiana
Fecha
2020Registro en:
344.02861 B389
Autor
Becerra Moreno, María Velentina
Institución
Resumen
Law 100 of 1993 from Chapter III of Title II, regulates everything related to the disability
pension due to common risk, defining the status of disability as a person who, for any cause of
non-professional origin, not intentionally provoked, has lost 50% or more of his work capacity.
However, this right has not been fully guaranteed to those subjects who come to the ordinary
jurisdiction in search of an economic support, which guarantees a monthly income that can
supply the basic needs of people who are unable to continue working, hence, there have been
numerous cases in which despite not being a fundamental right in principle, and having its own
judicial mechanisms to dispute it through ordinary channels, the jurisprudence of the
Constitutional Court has enabled the origin of the action of protection in some cases. The
foregoing leads us to the legal analysis of a group of decisions of the guardianship judges that
will be carried out in this thesis, through which, it is studied how the right to a disability pension
has been protected as fundamental, to defend mainly subjects of special constitutional protection
such as people in a state of disability and, in turn, guarantee them fundamental rights related to
this economic benefit.