Estado de cosas inconstitucional por omisión en la expedición del estatuto del trabajo en Colombia
The Constitution of 1991, ordered the congress of the Republic to emit a labour statute, according to the minimal fundamental principles recorded in article 53. The term, entrusted expressly by the first constituent on the Colombian Legislative organ, has been infringed for more than 20 years, and i...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6713662 |
| Source: | Academia & Derecho, ISSN 2539-4983, Nº. 8, 2014, pags. 71-97 |
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| Summary: |
The Constitution of 1991, ordered the congress of the Republic to emit a labour statute, according to the minimal fundamental principles recorded in article 53. The term, entrusted expressly by the first constituent on the Colombian Legislative organ, has been infringed for more than 20 years, and its incompletion states a legislative omission. Due to its absolute condition, this omission escapes -from the grammatical interpretation given by the article 241 of the Charter of Rights-, from the halo off the constitutionality control applied in Colombia by that court. 0n that subject, the supreme tribunal considers that there are no legal actions to put an end to an absolute legislative omission. A jurisprudential criterion that evidences the imperative need of establishing legal mechanisms in order to look for solutions to the problems derived from legislative omission of the forenamed article, and at the same time offers guarantees and protection of the basic rights and principles that may be infringed as a result of that omission. This article is the consequence of a qualitative research which comprises a dense documented analysis, besides a jurisprudential interpretation whereby the provenance of the figure of unconstitutional state of affairs will be proven as a legal tool to overcome the legislative omission of the article 53, in regards to the Political Charter, fulfilling the expedition of the Statute of Labour in Colombia. |
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