Análisis histórico en el reconocimiento de los derechos en el marco constitucional colombiano presentado entre 1821 y 1991

Abstract

This document systematically examines the historical, legal and doctrinal evolution of fundamental rights in Colombian constitutions, from the first texts of the nineteenth century to the configuration of the political Constitution of 1991 with a guarantee approach. The study is developed through a qualitative and documentary approach, based on the comparative analysis of institutional texts, the review of historical sources and the examination of constitutional jurisprudence that has accompanied the consolidation of a model of social rule of law. The methodology used made it possible to identify the normative milestones that marked transformations, between approaches based on individual freedoms, collective social and environmental rights, and institutionalization of judicial protection mechanisms. The Constitution of 1991 constitutes the culminating point of a process of constitutional maturation aimed at strengthening human dignity, citizen participation and the control of public power, all this under the influence of political, social, and international factors in the expansion of the concept of the fundamental and in the adoption of contemporary standards with respect to the protection of rights. all this marked by a constitutional evolution with a progressive and complex dynamic.