Publicación: La ponderación de derechos en Colombia
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The following is a summary of the research, which aims to balance two principles collide in specific cases by determining which of them has a greater weight under the circumstances presented, then establish a solution to the differences, the weighting used the proportionality test which is applied when it violates the right to equality, the weighting is intended to give fair decisions under the circumstances presented including: custom, religion, level of schooling among others, and special protection and that is obviously vulnerable circumstances and should be treated differently by law, the degree of involvement and satisfaction right is calculated as intense, medium and mild, which vary depending upon the subject matter of the standard demanded. With the weighting is intended that all judges apply it in their decisions in order to justify their decisions and that they are in the fairest possible, avoiding the time not only the Constitutional Court review the who dares to implement it in turn helps when avoid congested judicial offices. To define the research problem, there is a need to analyze the procedures relating to the test of proportionality and reasonableness, as one of the methodologies applied to the Constitutional Court when weighing rights. For this study different sentences handed down by the Constitutional Court from 1992 to 2010, where they have applied the test of proportionality and reasonableness or equal to the specific cases of conflict of laws and violation of the principle of equality. The report contains information collected through a survey of a representative number of judges in the city of Villavicencio, where there is that they do not have much knowledge about the procedures to be applied in the test of proportionality and reasonableness, why not use them in their decisions. This situation highlights the lack of update operators of justice, yet the judges to specific cases come to the constitutional court rulings as precedent. The purpose of this research is to develop a written easy to understand and not a line of jurisprudence on the subject, but if we talk about the ruling line of jurisprudence founded on the weight is the C-442, 1992 and the landmark ruling is the C - 673. To define the research problem, there is a need to analyze the procedures relating to the test of proportionality and reasonableness, as one of the methodologies applied to the Constitutional Court when weighing rights. For this study two important statements which applies the test of reasonableness and proportionality to specific cases of conflict of laws and violation of the principle of equality.