Implementation Of Human Rights In Colombian Legal Ordinance, An Approach Through The National Political Constitution And The Block Of Constitutionality
DOI:
https://doi.org/10.21501/23394536.3182Keywords:
Neo-Constitutionalism, Human rights, Constitutionality Block, jurisprudence, SIPDH.Abstract
The central problem analyzed in this investigation is the following question: What are the constitutional and jurisprudential characteristics that support the Sistema Interamericano de Protección de los Derechos Humanos, SIPDH in the internal legal order?International jurisprudence establishes that States are effectively able to conclude what kind of norms may generate rights and obligations relating to their relations with individuals. For this it applies to carry out an analysis based on the constitutional postulates and the jurisprudence of the Constitutional Court considered an interpreter of the Political Charter, with the purpose of observing the binding concept of the constitutionality block in implementing the SIPDH enshrined in the Pact of San José de Costa Rica, in the interior of the Colombian State.
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References
Ramelli (2003), “ O Bloco de Constitucionalidade surgiu da necessidade de harmonizar o conteúdo do Princípio da Primazia Constitucional com o Princípio da Primazia do Direito Internacional” (p.134).
Góngora Mera Manuel (2007): “A denominação do Bloco de Constitucionalidade teve sua origem na jurisprudência do Conselho Constitucional Francês, em 1982 foi adotada pelo Tribunal Constitucional Espanhol e posteriormente na década de 1990, foi adotado por diversos tribunais constitucionais latino-americanos” (p. 33).
Constitución política colombiana, 1991. Colombia.
Corte Constitucional mediante o Auto 288 do ano de 2010.
Corte Constitucional, Sentencia C-225/95, Alejandro Martínez Caballero.
Corte Constitucional, Sentencia C-054/16, Luís Ernesto Vargas Silva.
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