Social security reform: An analysis of Constitutional Amendment No. 103/2019 from the perspective of its constitutionality
Keywords:
Social security, Retirement, 1988 Constitution.Abstract
Social security is a social insurance system that guarantees financial support to workers when they can no longer work, known as retirement. However, the 1988 Constitution established social security rights without defining the means of financing, creating a gap. Over the years, due to this gap and other factors such as the increase in life expectancy, constitutional reforms through Constitutional Amendments were necessary. The process of approving a Constitutional Amendment is restricted and complex, requiring 3/5 of the favorable votes in two rounds in each legislative house. Despite formal approval, an Amendment can be considered unconstitutional in the material aspect, since the power of constitutional reform is not absolute and must respect the principles and rules established by the original constituent legislator so as not to violate the Democratic Rule of Law instituted since 1988.
