El contrato de prestación de servicios a la luz de la constitucionalidad con un enfoque de convencionalidad

Abstract

This paper will review the jurisprudential background of the SUJ-025-CE-S2-2021, its implementation, the objective that motivated it, and an interpretation from the point of view of the worker to realize if he/she has the labor benefits established, specifically in the provisions of Articles 1, 2, 13, 25 and 93 of the Political Constitution of Colombia. Likewise, the Inter-American Convention on Human Rights will be brought up, in its articles 1, 2, 17, 24, 26 and 31, where through the interpretation and control of conventionality, by judges and legal operators, by means of the figure of unnamed rights, it is possible to achieve that the contractor obtains and enjoys the monetary benefits, directly proportional to his effort and labor compliance. Finally, to present a proposal or recommendation on how to address and present these rights, through the internationalization of the constitution and compliance with the precepts issued by the Inter-American human rights system.