Abstract

RESTREPO-YEPES, Olga Cecilia. Construction of the Concept of Alimony in Colombia: A Look through the Jurisprudence of Colombia Constitutional Court. Opin. jurid. [online]. 2013, vol.12, n.24, pp.51-68. ISSN 1692-2530.

This article provides the way Colombia Constitutional Court has been protecting the right to alimony, from the perspective of the constitutional dogma. In this way, a revision of several aspects through which such right can be claimed and the ways judges protect or not such a right is performed. Reconstruction of the relationship between alimony and protection of such a right has been made appealing to occasional marginal references maybe too accidental at specific moments to the ''alimony,'' which is dispersedly and fragmentarily placed within a significantly extensive casuistry since it is not accurately consolidated in legal practitioners' mind. For this reason, this article leads to the evaluation of a constitutional judge's role within a process to claim rights in situations where such rights have been violated. Indecision, hesitation, and discrepancy among judges about aspects that would be axiomatic in the legal practice seem to be a relevant and useful task within a process to consolidate the Social Rights Sate and protection of the right in itself.

Keywords : Social rights; justiciability of alimony; alimony.

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