Exoneración de requisitos en el trámite de nacionalidad colombiana por adopción regulado por el artículo 6 de la ley 43 de 1993

Abstract

The present work describes the shortcomings that result from the procedure of exoneration of requirements for the granting of the Colombian nationality for the adoption, which is contemplated in the article 6 of the Law 43 of 1993. From this problematic, are establish the most significant criteria of nationality applicable in Colombia are developed, distinctions are established between nationality by birth and nationality by adoption, and the elements are analyzed and the characteristics of the Administrative Act granting nationality are discussed by adoption. Subsequently, they develop the constitutional principles of human dignity, general interest, legality, equality and due process, where the principles that are affected in the application of exceptional procedure for the granting of quality are nationality for the adoption. Likewise, they present themselves and define the criterion of constitutional supremacy and finally, define the characteristics of the public action of unconstitutionality. Finally, three possible solutions are developed to exercise controls for the correct application of the Political Constitution on the process of Article 6 of Law 43 of 1993, as they are; the first place, control of constitutionality of Article 6 of Law 43 of 1993, secondly, the action of compliance against Law 43 of 1993 and finally, the action of simple nullity on letters of nature and resolutions of inscription.