La constitucionalización del derecho a la seguridad social: una lectura desde la teoría aristotélica de las causas
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Date
2020
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Corporación Universitaria Lasallista, Editorial Lasallista
Abstract
The purpose of this research article is to analyze the constitutionalization of the right to social security from the Aristotelian theory of causes. The right to social security has been a right that has been recognized at the legal level as a purely benefit right, and only from multiple jurisprudential advances did it obtain iusfundamental recognition. This article develops, firstly, the causes of being as tools that allow us to understand how the right to social security is a right closely linked to the dignity of the person and, secondly, the need for the judge in his legal activity use interpretation as an instrument that allows opening the fundamental legal sphere of the constitutionalization of this right. Thus, from the method of data analysis and documentary sources such as Aristotle’s Metaphysics, The problem of being in Aristotle and, Constitutional Court Rulings such as T-016 of 2007, T-881 of 2002 and T- 007 of 2019, among others, it was possible to conclude that the right to social security is a fundamental right and should be considered as the ultimate goal for the human being to achieve his life project and that of his family. In this sense, one of the most significant results of this research was to recognize the criterion of the meta-guarantee as part of the constitutionalization of the right to social security to justify the need to generate theoretical constitutional developments that enrich the legal nature of this right.
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Keywords
Corporación Universitaria Lasallista, Dignidad humana, Seguridad social, Derecho laboral
Citation
Revista Lasallista de Investigación–Vol. 17 No 2–2020