THE PROBLEMS WITH THE CONFIGURATION OF SOCIAL SECURITY IN THE CONSTITUTION OF THE REPUBLIC OF CHILE IN 1980: A PREAMBLE FOR THE POSSIBLE CONSTITUENT MOMENT

Abstract

The Chilean experience with social security is quite problematic. Much of this is due to the Constitutional Charter itself, which, to this day, presents struggles over the form of the State in Chile, and, consequently, in the theory of fundamental rights adopted for its protection, with special emphasis on what occurs with social rights in the country. Since social security is a secondgeneration/dimensionof fundamental rights, the struggle for the form of the State has revealed the insufficient participation of the Chilean State in the fulfillment of its benefits content, being that, in various aspects, the structure of the system it becomes a violation of the very principles presented by the doctrine as part of the Chilean social security. With a view to a possible constituent process, we will argue about the way in which social security should be structured and comment on the importance of solving in a new Political Charter, the form of the State in Chile, without leaving room for doubts about how the State should act in the guarantee of fundamental social rights.