Evolución, naturaleza y aplicación de la institución jurídica de la extensión de la jurisprudencia en Colombia en el marco de la ley 1437 de 2011

Abstract

The present investigation work was elaborated to determine the evolution, nature and application of the legal institution of the extension of the jurisprudence, for it, three specific objectives were formulated, developed in the same number of chapters. For which a qualitative methodology was applied, through the revision of legislation, judgments and doctrine. In the first chapter the evolution of the mechanism was described, which comes from Spanish administrative law and is based on precedent jurisprudential which must be assessed in administrative and judicial decisions; Chapter two develops the nature and characteristics of the aforementioned institution, where it was clarified that the purpose of the same is to decongest the judicial system and exercise the right to equality and due process whenever a petitioner is in the same assumptions made in fact of those observed in a case previously resolved by a ruling of unification of the EC, being an expeditious mechanism, where there is no room for administrative silence, and has two phases: the administrative, which must be exhausted to submit the request before the EC, and finally in the chapter, it was found that the mechanism has had a wide application by the second section. However, it was concluded that the figure is not being effective in administrative headquarters since the institutions do not apply it, to think about the applications submitted, therefore the effective fulfillment of objectives of the extension of the jurisprudence is not achieved