Vulneración de los derechos laborales en el marco del TLC y estado social de derecho

Abstract

This research seeks to establish the violation of the principles of the Social State based on the rule of law, when there is an offense of fundamental rights of the worker with the signing of the FTA between Colombia and the United States. In this way, this document examines some of the economic theories that justify trade and border cultural exchange in which the ratification of a free trade agreement is framed. In this way, the process of ratification of the FTA signed between Colombia and the United States is examined, highlighting the development of the negotiation rounds, congressional approval and subsequent judicial review of the Agreement. Thus, by adopting the Social State based on the rule of law (Article 1 of the Constitution), Colombia should seek the general welfare by means of a just social order and an economic development. Therefore, signing the FTA between two neoliberal states, do not have the same socio-economic development or the same labor legal regime, allows a flexible legislation bringing as a result the legalization of the poor conditions for workers.