El principio de progresividad y no regresividad del derecho a la seguridad social en las pensiones jubilares

Abstract

Abstract: This research addresses the principle of progressivity and non-regression of the right to social security in relation to retirement pensions within the Ecuadorian constitutional framework. The general objective was to determine the standards established by the Ecuadorian Constitutional Court on this principle through theoretical, doctrinal, and jurisprudential analysis. The study focused on Constitutional Court rulings related to legal reforms affecting the retirement pension system. Inductive, deductive, and hermeneutic methods were employed, allowing for a comprehensive approach to normative and jurisprudential interpretation. Documentary analysis and jurisprudential review were used as techniques, using jurisprudential analysis matrices as instruments. The research did not focus on a direct population sample, but on specialized legal sources. The results show that the Constitutional Court has established standards that prohibit unjustified regressions in acquired rights and reinforce the state's duty to guarantee access to and maintenance of decent pensions. It is concluded that constitutional jurisprudence constitutes a key tool for safeguarding the rights of retirees in the face of regressive reforms.