Análisis crítico a las prácticas jurídicas de los estudiantes de derecho: el litigio estratégico como práctica alternativa e instrumento reivindicatorio de derechos sociales en Colombia

Abstract

The Law has been intruder in situations that have compromised its ethical dimension and its social function, this has led to different governmental and academic institutions evaluate the need to discuss and reform the pedagogical strategies in law schools with the final porpuse to mitigate the causes that give rise to these situations. Within these scenarios it has been concluded that one of the factors to work should be the students’ own practices, which are mostly reflected in the legal office, since they are the appropriate scenario to reinforce ethical competences and visualization of it as a social science. As a result of this, the objective of this paper is to critically analyze how the conception of education and legal practice is addressed to law students by the State and some universities in the country. On the other hand, after providing the mentioned analysis, the concept of strategic litigation will be presented as an alternative form of legal practice and as a proposal to respond to social needs in terms of the claim and application of rights to vulnerable communities from the academy. The above taking as reference the postulates of Latin American critical pedagogy framed within the social function of the lawyer and the university as a social institution.