Examinando por Materia "Sujetos de especial protección constitucional"

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    Ítem
    Análisis de obstáculos y criterios para el otorgamiento de la pensión de invalidez usando como mecanismo la acción de tutela en los últimos trece años en la jurisprudencia colombiana
    (Universidad EAFIT, 2020) Becerra Moreno, María Velentina; Munera Posada, Armando
    Law 100 of 1993 from Chapter III of Title II, regulates everything related to the disability pension due to common risk, defining the status of disability as a person who, for any cause of non-professional origin, not intentionally provoked, has lost 50% or more of his work capacity. However, this right has not been fully guaranteed to those subjects who come to the ordinary jurisdiction in search of an economic support, which guarantees a monthly income that can supply the basic needs of people who are unable to continue working, hence, there have been numerous cases in which despite not being a fundamental right in principle, and having its own judicial mechanisms to dispute it through ordinary channels, the jurisprudence of the Constitutional Court has enabled the origin of the action of protection in some cases. The foregoing leads us to the legal analysis of a group of decisions of the guardianship judges that will be carried out in this thesis, through which, it is studied how the right to a disability pension has been protected as fundamental, to defend mainly subjects of special constitutional protection such as people in a state of disability and, in turn, guarantee them fundamental rights related to this economic benefit.