Sindicatos y capital financiero : el choque entre las garantías constitucionales del derecho laboral colectivo en Colombia y el modelo político económico neoliberal

Abstract

The history of social and political struggles, not always peaceful, are the context under which movements and organizations have developed in order to be recognized as an important input within the structure of the State, so that as subjects of obligations and rights the They must themselves be recognized and respected. Within the aforementioned movements, labor unions have been protagonists in the development of collective labor law and its eventual constitutionalization, this speaking of the Colombian context. Now, there are paradigms against the constitutionally granted guarantees, and one of them is the one that is presented as law and reality, and we find phenomena such as globalization and labor flexibility, which are fully confronted with constitutionally established rights, However, these phenomena are born from the prevailing economic model, the so-called neoliberalism. From this collision within the State, there is a lack of legitimacy in relation to constitutional norms, as well as a lack of knowledge of them within the policies adopted by the State, within which a particular disadvantage will always be evident with preeminence to sectors economic. Although the context within an Industrial Capital changes to one of Financial Capital, it is clear that the pulse within the first one in the last century is still maintained today, and the State within the tripartite model is not performing a role as an equalizing agent of burdens among employers and workers well individually and collectively.