La jurisprudencia como fuente de creación del derecho frente a la aplicación del artículo 36 de la Ley 100 de 1993 bajo el amparo de la Ley 33 de 1985

Abstract

The change in the jurisprudence of the State Council, from the unification sentence of August 28, 2018 within the file with file No. 52001-23-33-000-2012-00143-01, Speaker Dr. César Palomino Cortés , related to the salary factors on which the retirement pension of public servants must be settled, recognized under the protection of the transition regime provided for in article 36 of Law 100 of 1993, and to whom Law 33 of 1985 is applied , suffered changes that affected the legal certainty and expectations in the request for reassessment of benefits that they believed they were entitled to as of August 4, 2010, when the sentence was pronounced within the process with file No. 25000-23-25-000-2006 -07509-01(0112-09), Speaker Dr. Víctor Hernando Alvarado Ardila, and on which the readjustment of benefits had been recognized on the average of the salary factors accrued in the last year of services, until on August 23, 2018, when the Full Administrative Litigation Chamber determined that now the salary factors to be taken into account are those on which contributions have been made during the last ten (10) years prior to the consolidation of the right.