Abstract

MIRA GONZALEZ, Clara María  and  ARANGO QUIROZ, Julián. The Constitutional Court and the National Police Against the Activity of the Street Vendors of Medellín, Colombia. Prolegómenos [online]. 2021, vol.24, n.47, pp.11-23.  Epub Aug 06, 2021. ISSN 0121-182X.  https://doi.org/10.18359/prole.4191.

the article presents a study of the judgments of the Constitutional Court and the different understandings of the National Police, referring to the application of the test and the principle of proportionality in the activity of street vendors in Medellín, Colombia. Also, the understandings that some members of the National Police have regarding the application of the principle or test of proportionality were analyzed. It is concluded that the considerations regarding: (1) the argumentative load that the Constitutional Court must carry out in its sentences and (2) the way in which the National Police must apply the principle and the proportionality test in the activity of street vendors influence the validity of judgments and in the application of fundamental rights as priority and, prima facie, in a social state of law such as Colombia.

Keywords : constitutional control; fundamental rights; proportionality test; optimization maxims; street vendors.

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