La Condición más beneficiosa en la Pensión de Invalidez y Sobrevivientes desde la Jurisprudencia Colombiana

The principle of the most beneficial condition constitutes a jurisprudential basis for the recognition of invalidity pensions of common origin and of survivors. With regard to the application of this principle, there are differences between the Constitutional Court and the Labour Chamber of the Supreme Court of Justice in terms of the time limits that must be taken into account when studying the law; since, while the Constitutional Court reviews the repealed norms, the Supreme Court of Justice only examines the immediately preceding abolished provision. To this end, a bibliographic review of case law and documents is carried out starting from the limits of application of the most beneficial condition, with the purpose of analyzing which of the two criteria is favorable. In general terms, it can be concluded that the rule of the Constitutional Court is more favorable than that set forth by the Supreme Court of Justice.