Eficacia o ineficacia de la acción de lesividad como medio de control de los actos administrativos de reconocimiento pensional: un análisis desde la unidad administrativa de gestión pensional y parafiscales – UGPP

Abstract

The focus of this research is centered on one of the strategies most used by state entities in the field of self-protection: the action of lesivity, used to annul administrative acts issued by the entity itself. Specifically, this figure is addressed through the means of control called Nullity and Reestablishment of Law. In this context, the main purpose of this study is to analyze the effectiveness or ineffectiveness of the action for annulment as a tool capable of safeguarding both the legal security and the financial viability of the General Social Security Pension System, being the Administrative Unit for Pension and Parafiscal Management of Social Security (UGPP) one of the two entities responsible for administering the average premium pension system in Colombia. This is approached from the perspective of the theory of the administrative act and its jurisdictional invalidation, especially when these acts have been issued in contravention of the Constitution and the legislation in force. This analysis is framed in the period of time from 2017 to 2021, given that during this period judicial pronouncements have been issued on this subject. Therefore, in the first chapter, a contextualization of the historical and normative evolution of the action of lesividad is made. Then, in the second chapter, the nature and functions inherent to the UGPP are investigated. Finally, in the third chapter, an examination of the results derived from the final judgments that have been issued as a result of the UGPP's filing of actions of lesivity is carried out. This research adopts a qualitative approach of a socio-legal nature, oriented towards descriptive and analytical analysis..