Descripción de la interpretación jurisprudencial de las altas cortes, en el régimen de transición de la ley 100 de 1993 y ley 33 de 1985, frente al ingreso base de liquidación

Abstract

Current investigation has allowed to assess the imperative conflict between the constitutional court and the state board (Consejo de Estado) about the most accurate process to calculate the basic income of the estimate of pensions of the beneficiaries of the transition regime stipulated in the law 100 of 1993. The criteria that the supreme courts used during their verdicts were included in the current analysis. A position that allows an approximation between normative pitfalls and possible solutions to current controversy was used in this project. Furthermore, an opposition between labor law and constitutional law principles that cause juridical insecurity for pensioners and pension’s administrator, are described in the current study. Therefore, it is evident that an analysis that allows the unification of criteria for interpretation and calculation of the base income estimation for pensions is needed. As a possible solution during the present study, the theory of Robert Alexy is used. This theory proposes equilibrium between conflicted rights that allows conciliation between rights preserving the rule of law (estado social de derecho).