The new national pension mobility and the attack on the principle of progressivity in the area of social rights

Abstract

This work refers to the link between the current national pension mobility system and the principle of progressivity in the area of ​​social rights. In particular, it tries to critically study the model of Law 27.426, in order to understand whether or not it respects the legal bases of social security law. For this, starting from general concepts such as pension mobility and the value of the principles of law, with special emphasis on progressivity, it is a question of checking the initial hypothesis, analyzing the content and scope of the current national pension mobility with the rule of the non-regression. Various sources are used, such as doctrine, legislation, jurisprudence, and the national constitution with some international treaties, which allow us to arrive at the conclusion that Law 27.426 in force in Argentina since the end of 2017 is in violation of the principle of progressivity.