Relación jurídica entre madres comunitarias, hogares de bienestar y el Instituto Colombiano de Bienestar Familiar

Abstract

Within the Colombian Legal System, the figure of community mothers is established, showing a link with the so-called Community Homes and welfare, who are also contractually linked to the Colombian Family Welfare Institute, hereinafter ICBF. Based on the jurisprudential analysis of sentences that describe the “Archimetric” point, in relation to the legal problem raised that solves the research question Is there an employment relationship between community mothers, Welfare Homes and / or the Colombian Family Welfare Institute? As a result of this study, it will be analyzed what legal, legal or regulatory relationship these people have under Law, and the jurisprudential line will be constructed that gives rise to the dynamic analysis of the precedent based on the descriptive analytical methodology of the book “The Law of Judges” By Diego Eduardo López Medina. To do this, we will review the different typologies of sentences from the year of 1992, regarding the legal problem posed to know if the community mothers have a legal regime of labor, or civil; being this legal relationship through various measures issued by the Honorable Constitutional Court, the starting point for the development of the dynamic analysis of jurisprudence in the Constitutional scenario.