Preponderación de derechos respecto a la seguridad jurídica

Abstract

In a country of Laws like ours, where the comparative between Roman Law and Anglo-Saxon Law coexist, in a Social State under the rule of law like ours and with a Constitution with more reforms in a short time than the 1787 Constitution of the United States. allowing the rotation of magistrates in the high courts, it is difficult for society have judicial precedents that generate legal certainty in their administrated, valid over time and capable of minimizing litigation and the loss of legitimate expectations towards a State that seems to maintain constant improvisation. Likewise, it can be seen that interparty and ergo home judicial decisions that are far from the Law that must prevail, which leads to the margin of interpretation of our Courts leading us to fairer decisions pronounced by the Inter-American HUMAN RIGTHS COURT. We will analyze several judgments of the Council of State and the Constitutional Court; many of them have taken the way to the Inter-American HUMAN RIGTHS COURT, only because the judicial precedent in Colombia generates legal insecurity.