La figura de la extensión de la jurisprudencia ¿Rumbo hacia un nuevo sistema de fuentes de derecho?

Abstract

Colombia has been characterized as Germanic Roman tradition, by virtue of this, has a difference in the system of sources, making it the law the main source of law. This is reaffirmed by the art. 230 of our Constitution. In this context, it has been traditionally understood that jurisprudence, acts as an auxiliary criterion and is not binding on the decisions taken by the legal operators. However, given the complex and mutant processes to which the law has faced in modern times, some doctrinal movements have focused on rethinking the role to be played by precedent, within our system of sources. The idea of those who advocate the above thesis, is to leave behind this concept of auxiliary criteria and provide force binding the precedent, since this will be the instrument par excellence that allows do faced with the immutability of the law and contribute to That's right, through judicial pronouncements, is in constant evolution corresponding to the new social contexts. These theories have been irradiated academic work in our country, which has seen a strong development of doctrine and jurisprudence on the matter. We can not ignore the strong influence exercised by the Constitutional Court, corporation, by its jurisprudential line established, has shifted and has claimed full binding nature to the foregoing. As part of this academic debate, the law 1437 of 2011 (CPACA) was enacted, this law consecrated figure on the extent of the law, which is the central purpose of this research work. This figure, novel within our legal system does not end by absolving all questions concerning the foregoing and its binding nature. By contrast, generates conflicting positions and has been much discussion about its implementation and effects.

It seeks to explore through this investigative work the relationship between the notion of precedent and the existence of the figure extension of jurisprudence. It can not be put aside our under investigation has a direct relationship with constitutional principles such as equality and access to justice, and the consecration of the figure looking streamline administrative procedures and relieve the judicial offices. However, as far as the application of this figure distorts our legal tradition or, on the contrary, it moves into a new conception of law. These are the questions that are intended to address and remedy.