Abstract

CUCHUMBO HOLGUIN, Nelson Jair  and  MOLINA HINCAPIE, Sergio. Approximation to the correct interpretation of tutela from Robert Alexy: case study. Rev. Derecho [online]. 2013, n.40, pp.227-249. ISSN 0121-8697.

The paper aims to show that the theory of law discourse Robert Alexy provides criteria to project possible correction in the discursive process of guardianship, conservatorship because the speech to be understood as a particular case of law discourse presupposes that compliance criteria correction provides correct interpretation, for example, in the case of tutela "life of dignity and equality material elderly person". We conclude that the democratic constitutional state implies the institutionalization of discourses that guarantee the effectiveness of the law correctness criteria with regard to fundamental rights, and considering Colombia as a democratic constitutional state observes that one of these speeches is materialized in the discourse of the tutela. The analysis of the information collected by the reconstruction of the case from the case and critical review was performed using tools reconstructive conceptual methodological approach in line with the Colombian legal system.

Keywords : Correct law interpretation; practical discourse; law discourse; discourse of tutela; discursive rules; and fundamental principles of the democratic constitutional state.

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