Consideraciones de la corte constitucional desde la axiología jurídica, en postulados de confianza legítima frente a la discrecionalidad administrativa

Abstract

In Colombia, informal commerce in the public space poses challenges for public administration and the protection of citizens' rights. The Constitutional Court plays a crucial role in addressing this issue, considering both legal and axiological aspects. From legal axiology, the principle of legitimate trust must be valued, which implies that citizens trust the actions of the authorities and avoids arbitrary changes in the rules. In the case of informal trade, this is related to administrative discretion, which must be analyzed by the Court to determine if it is proportional and respectful of fundamental rights. The objective is not to ignore the need to regulate informal trade, but to achieve a balance that protects the rights of informal traders and citizens in general. The Constitutional Court must establish the limits and conditions in which administrative discretion can be exercised, promoting peaceful coexistence and respect for rights in public spaces. Therefore, it is considered to carry out an analysis of the considerations of the constitutional court from the legal axiology, in postulates of legitimate trust against administrative discretion.