Resumen

LOPEZ-MORENO, JUAN PABLO; MORAD ACERO, JULIANA PATRICIA  y  GONZALEZ UMBARILA, GIOVANNI. Notes on the constitutional prohibition of conventional pensions. Rev. Derecho [online]. 2019, n.52, pp.193-218. ISSN 0121-8697.

The Legislative Act 01 of 2005 constituted a before and after in the Colombian social security law insofar as it was made as the definitive break point for the achievement of the unification of the general pension system, which was accomplished with the prohibition of pensions of conventional or arbitral origin.

In this sense, the prohibition of parallel regimes of private origin to the provisions of Act 100 of 1993, has generated several questions about its constitutionalization and about the times in which this prohibition should be applied, so it is fundamental to review the different decisions of both the Constitutional Court and the Labor Cassation Chamber of the Supreme Court of Justice from which these questions have been the central point of analysis.

Palabras clave : Legislative Act 01 of 2005; jurisprudential analysis; acquired rights; ILO; conventional pensions; recommendation of the Freedom of Association Committee.

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