El valor del precedente constitucional en el ordenamiento jurídico

Abstract

The Constitution of Colombia, after more than two decades of existence, has not yet been given to understand by society and institutions specifically, the paradigm shift introduced by the legal and political text on guarantees for fundamental rights developed by the rulings of the Constitutional Court, The constitutional doctrine that develops in the sentences handed down by the Constitutional Court creates binding precedent, which must be respected by the jurisdiction applying the sub-standard defining the "ratio decidendi" of the case, in a historic moment that the Constitutional Court implemented ; however, there are dissonances in the normative value of the constitutional doctrine, which is apparent from the judgments of protection, ie the activity of the judge is subject to the rule of law and the wording of the legal provisions. Art (230). But whether through ignorance, political expediency or ideological positions, there is still no consensus in the legal community about the real value of precedent in the legal pyramid of the Colombian legal system. The foregoing can be corroborated with the analysis of a particular case, where it can be inferred at first ignorance and failure to apply the precedent that has developed the Constitutional Court, specifically in the case of precautionary measures ordered by the Commission American Commission on Human Rights (hereinafter IACHR) to protect the fundamental rights of Bogota | Mayor Gustavo Petro