Estándares de procedencia para la retención y embargo de pensiones jubilares en procedimientos coactivos según la Jurisprudencia de la Corte Constitucional

Abstract

Abstract: An analysis was conducted on the standards of provenance for the retention and garnishment of retirement pensions in coercive procedures according to the jurisprudence of the Constitutional Court. This analysis considered the rights of retired individuals, such as the right to social security, health, well-being, a dignified life, and the free development of personality. Should retention or garnishment be executed, it would undermine the rights to well-being and a dignified life, as prescribed in Articles 14 and 66, numeral 2, respectively, of our Constitution. This is especially critical given that a retirement pension is the sole means of sustenance for the vast majority of retirees. Depriving them of it prevents them from maintaining an adequate standard of living, in accordance with their age and physical circumstances. The analysis also examines the right to Social Security, as outlined in Article 34 of our Constitution, and Article 371, which prohibits the assignment, garnishment, or retention of retirement pensions. An explanation of coercive procedures, which are initiated due to debts with state institutions, and the applicable precautionary measures is provided. Finally, a comparison is made with the jurisprudence of the Colombian Constitutional Court and the Peruvian Constitutional Tribunal.