Tensiones constitucionales entre la protección de los animales y las corridas de toros en Colombia. Respuesta desde la jurisprudencia de la Corte Constitucional.

Abstract

The investigation loked for to determine the theories of law that the Constitutional Court applied to resolve the tension between the protection of animals and bullfights in Colombia. For this, in the methodological design, a qualitative approach and the hermeneutical paradigm are used, taking into account the pronouncements of the Constitutional Court, as well as the documentary technique, when studying theoretical texts on the subject from anthropology, sociology, bio-law and other areas of knowledge, to answer the research question. From what theory of law has the Constitutional Court resolved the tension between the protection of animals and bullfights in Colombia? Regarding results, the study described the theoretical approaches to the protection of animals and bullfighting as cultural practices, highlighting the development of related aspects of anthropocentrism towards ecocentrism, biocentrism and bio-law. On the other hand, in the normative and jurisprudential field, the norms in force from 1991 to 2018 regarding the two principles in tension are highlighted, as well as the jurisprudential line taking into account the founding, consolidating, reconceptualizing and dominant judgments. Finally, when evaluating the jurisprudence of the Constitutional Court, it is established that the theory that guided the solution to the tension between the protection of animals and bullfighting in Colombia was the weak anthropocentric given that the exceptions of the Law 84 of 1989, despite the fact that Law 1774 of 2016 regulates animal abuse, however, it is highlighted that all animals are the object of projection of the State and that in these practices measures must be taken to avoid suffering and pain.