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Opinión Jurídica

versão impressa ISSN 1692-2530versão On-line ISSN 2248-4078


ESPINOSA HIOS, José Guillermo. The Principle of Labor Progressivity and Non-regressiveness in the Jurisprudential Change: an Exam on the Retirement Pay Increase per Person in Charge of. Opin. jurid. [online]. 2021, vol.20, n.42, pp.181-208.  Epub 19-Maio-2021. ISSN 1692-2530.

The objective of this article is to trace some considerations surrounding the principle of progressivity and non-regressiveness in the worker’s social rights. This principle, as it is known, is settled both on national and international grounds and can be demanded not only to the legislator but also to the other branches of the public Power, particularly to the judicial branch in the exercise of its legal and constitutional competencies. For that, the author performs a documental analysis of the jurisprudence on the retirement pay increase per person in the care of, extra-retirement pay benefit, and minimum retirement pay topics. This aid is described in Agreement 049 (1990) and is ruled by Decree 758 (1990). From this perspective, the main objective of this article is to reveal the judicial scenery created by the SU-140/19 Sentence (2019) ruled by the Colombian Constitutional Court in its maximum function of interpreting the Political Constitution. Once the jurisprudence is analyzed, the article states as a conclusion that the Colombian higher courts, in the exercise of their function of unifying the jurisprudence must not disown their duty to labor progressivity and non-regressiveness for as much as this principle is not only related to legal changes but also jurisprudential ones.

Palavras-chave : retirement pay increase; retirement pay imprescriptibility; favorability and inescindibility of the law; in dubio pro operario; progressivity on social rights.

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