Publicación:

La protección legal y jurisprudencial para el nuevo concepto de familia en Colombia a la luz de la aprobación del matrimonio igualitario

Resumen

With the research contained in this document, it seeks to make a call to the academic community to achieve the purposes outlined with respect to the problem raised and if there is coherence with Sentence C-577 of 2011 and the legal and jurisprudential protection for the new concept of family in Colombia in light of the approval of equal marriage, as in the majority of works of this type, of bibliographic research, compiling and reviewing the criteria of different jurists, either under the label of dogmatic doctrine or jurisprudential pronouncements, as appropriate. The objective is to establish whether Sentence C-577 of 2011 has been the efficient judicial mechanism for changing the concept of family in Colombia in light of the approval of equal marriage. The proposed methodology will be of a qualitative and documentary type, which will be developed through a descriptive methodology, for which the theoretical references of authors, the Political Constitution of Colombia, as well as the jurisprudence that in exercise of the control of constitutionality and at the guardianship review headquarters, the Honorable Constitutional Court has issued on the issue of the approval of equal marriage and how the concept of family changes in Colombia, as well as the most relevant jurisprudence in exercise of constitutionality control and the review of tutelas issued by the Constitutional Court regarding the issue discussed in the period 1991-2018. The result after ruling C-577 of 2011 which has a legal approach to information, a description was made of how the fundamental right to have a family is regulated in the National Political Constitution, under the concept of the Constitutionality Block, locating the legal instruments that make up the Constitutionality Block, and thereby establish the Colombian case, which is the development of the fundamental right of approval of equal marriage and how the concept of family changes in Colombia.