La interpretación del derecho en Colombia a la luz de los postulados neoconstitucionalistas

Abstract

The constitutional state, for several years has called for a new theory of law, which is separated from the traditional scheme of theoretical positivism, based on subsuntion as a method of interpretation to solve the different legal problems affecting society; This theory is called “Neoconstitutionalism”, a concept that explains a recent phenomenon within the contemporary Constitutional State that presents a new interpretative attitude of law based on the ideas of supremacy of the constitutional text, its binding strength and judicial guarantee. In this order of ideas, the general objective of this article of reflection is to analyze whether in Colombia the right to the light of neoconstitutional postulates is interpreted and influenced in the practice of law. To achieve this objective, a qualitative methodology with a documentary approach was used, carrying out a bibliographic review where various contemporary traffickers have studied the neoconstitutional influence on the Colombian legal system, based on the role that judges play in exercising the exercise of interpreting the right at the time of resolving so-called difficult cases. Finally, the answer to the general objective is given in three major subtitles: the first is a theoretical approach to the term neoconstitutionalism as a legal theory; the second is the presentation of its most important postulates, and the third makes it possible to appreciate whether in Colombia the interpretation of the law is carried out in the light of neoconstitutional principles, and then to make a discussion on the subject, and the conclusions of the investigation.