Garantía constitucional al derecho a la vivienda digna en los procesos ejecutivos hipotecarios

Abstract

The purpose of this article is to analyze the hermeneutic exercise of the Colombian Constitutional Court from 1999 to the year 2017 from the conception of a Constitutional State as it pertains to the right to decent housing (CP Article 51), to identify which regulations are applied by judicial operators when debating a legal problem in housing protection say within the mortgage executive processes in accordance with the regulations and regulations in force with the pro homine principles, the reality of acquiring private property through a bank loan in the modality of UVR, externalized the provisions that precede it as it is the UPAC; approving the statement that when administering justice irregularities are presented due to ignorance and erroneous interpretation in application of the judicial precedent and of the law by the legal operator and finally to trust the State that must carry out sustainability policies in harmony with being a Social State of Law.