Abstract

MACHADO-JIMENEZ, JOSÉ ALEJANDRO. TRANSFORMATION OF A CONSTITUTIONAL CONCEPT: THE SCOPE OF A THEORETICAL PROBLEM. Díkaion [online]. 2014, vol.23, n.1, pp.93-133. ISSN 0120-8942.  https://doi.org/10.5294/DIKA.2014.23.1.5.

Based on a theoretical analysis, this article shows how several landmark decisions by the Constitutional Court of Colombia represent an attempt to change the way the family is recognized in Article 42 of the country's 1991 Constitution, by means of a formalistic argument used to protect, in the abstract, possible financial and emotional disputes among homosexual couples. The perspectives offered by the rules of the Court in its arguments and the consequences they would have for the system of Colombian family law currently in force, will be discussed in a second part of this work reserved for future delivery.

Keywords : Homosexual couples; family founded on heterosexual unions; formalistic argument.

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