Abstract

PELAEZ GRISALES, Holmedo. A Look to the Problem of the Right of the subjects and Groups Disadvantageous of special Protection in Colombia and the Bet for a necessary Theoretical substantiation from the Contemporary Theories of the Justice. Estud. Socio-Juríd [online]. 2015, vol.17, n.1, pp.125-168. ISSN 0124-0579.

This article discusses the dogmatic-legal problem of subjects and special protection in Colombian law groups and focuses on developing what postulated as the main problematic issue facing the study of special protection; that is, the lack of a theoretical reflection on the existing disconnection between law and justice which makes it impossible to build a proper just right for that matter and; in that order, are committed to defend theoretically the necessary relationship which must operate among them and proposes, therefore, a proper theoretical foundation from the most important contemporary theories of Justice to accept the thesis of the plurality of meanings of justice within the right of special protection. Thus, the text begins, a first, realizing the general problem in the matter made up criticisms, inadequacies and omissions of the legislature, the executive and the judges in the legal order; Secondly, it faces the theoretical premise of the necessary relationship between law and justice weaving a link between the more inclusive theories of law and justice; to finally, in a third moment, argue the proposal of theoretical foundation of Justice in the heart of the right to special protection.

Keywords : Individuals and groups of special protection; theories of law; theories of justice; principles of justice.

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