Aplicación del principio de proporcionalidad en el conflicto por el espacio público en Colombia

Abstract

This article contains the results obtained within the research project is primarily focused at jurisprudential analysis of the Colombian Constitutional Court regarding the application of the principle of proportionality in the conflict of public space. Referring to case analysis of the high court could conclude that the principle of proportionality as a fundamental right, has to ensure the full enjoyment of fundamental rights when it came into existence collision between acts or administrative decisions public is that this principle is effective in controlling the exercise of power and arbitrariness in order to counteract the prevalence of fundamental rights. It's where the judge interprets this principle, ensuring that the measure is appropriate, necessary and proportionate must be the least harmful to the conflicting rights resulting justified and reasonable decision.