Abstract

CIFUENTES SANDOVAL, Germán; MANTILLA, Luz Stella; VALENCIA PACHON, Dayahana  and  RODRIGUEZ SUAREZ, Ingrid Vanessa. The constitutional mandate of animal protection in Colombian constitutional jurisprudence: dynamic analysis of lines. Justicia [online]. 2022, vol.27, n.42, pp.181-200.  Epub May 09, 2023. ISSN 0124-7441.  https://doi.org/10.17081/just.27.42.4769.

Faced with the constant sociocultural transformation to which the concepts of animals are subjected in their legal and common areas and its scope, it is necessary to determine them and, based on this, establish the current status of the main jurisprudential lines that the Colombian Constitutional Court has developed in terms of constitutional protection of animals based on its different action scenarios. In this sense, the foregoing will be approached in two phases: the first is descriptive with respect to the legal and general notion of animal, and the theories that attempt to refute or support the alleged legal subjectivity of those; and the second will be analytical and propositional through a jurisprudential analysis following as a pillar the methodology proposed by Diego López Medina (2006) in chapter 5 of his book El derecho de los jueces, in order to decipher that animals in light of the Constitutional Court are seen as cultural expressions, things and subjects of protection. Finally, it’s set that animals reach the category of sentient beings without ownership of rights, but who deserve special protection, as proclaimed in the 1991 Political Constitution.

Keywords : Legal subjectivity; jurisprudential line; normativity; sentient animals.

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