Resumo

RASO DELGUE, Juan. Uruguay: the BPS system and the long road to justice. Rev. Fac. Der. [online]. 2021, n.52, suppl., e301.  Epub 01-Dez-2021. ISSN 0797-8316.  https://doi.org/10.22187/rfde2021n52espa6.

Slow administrative/judicial procedures in social security (BPS) prevent the common citizen from having access to justice in matters related to affiliation and contributions, thus leading to rights "deterioration." Even though social security benefits, as well as wages, are essential to meet basic needs, the system beneficiary is denied the possibility of a quick and simple procedure to challenge resolutions. This is contrary to the international agreements signed by our country, which oblige the states to offer "simple and rapid" claim and appeal procedures in social security matters. A constitutional reform is the legal solution to reverse the current situation; this solution requires political willingness from all parties and ideologies to update constitutional norms, currently disallowed by the international "jus cogens."

Palavras-chave : BPS; social security; access to justice; social rights; administrative procedure; principles of simplicity and speed.

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