Línea jurisprudencial sobre la vulneración para acceder a una vivienda digna en Colombia, cuando se niega el crédito y/o desembolso por entidad financiera

Abstract

The model of the Social State of Law included in the Political Constitution of 1991-CP-, generated countless principles, values and guarantees for all persons residing in Colombia, likewise, established a charter of fundamental rights and others of benefits (economic, social and cultural), in the same way mechanisms, actions, subjects of special protection and judges of a constitutional nature that allow the effectiveness of the rights and their orders were enshrined at Constitutional level. The right to decent housing was enshrined in article 51 of the CP and in that context it will be addressed from the analysis and construction of jurisprudential line if in Colombia the right to decent housing is violated or not, of persons in a state of weakness states, when financial entities deny the approval or disbursement of a mortgage loan for the acquisition of Housing; For this reason, at first the concept of fundamental law will be addressed and especially that of decent housing, then the judgments of the Constitutional Court will be reviewed and with that, arrive at the conclusion that the Colombian State guarantees access to decent housing In addition, it must facilitate the conditions so that it can be accessed, especially in people with manifest weakness, through the democratization of credit with banking entities, as this occurs in some opportunities and not in others.