Resumo

DUARTE MOLINA, Tirson Mauricio. Soft law and materialization of cultural right. Justicia [online]. 2023, vol.28, n.44, pp.29-42.  Epub 06-Fev-2024. ISSN 0124-7441.  https://doi.org/10.17081/just.28.44.6315.

It is important to establish dialogues that move from a theoretical to a practical level in terms of the recognition and guarantee of cultural rights through the different regulations that State entities may issue. Hence the importance of reviewing the case of coleus, a practice with strong roots in eastern Colombia that is torn between sportsmanship and culturality. Therefore, this research addresses the way in which norms such as Resolution 2380 of 2000 and Resolution 3100 of 2015, both issued by COLDEPORTES (today Mindeportes), can occupy regulatory spaces regarding the attribution of characteristics derived from the cultural right to the manifestation known as coleus. Finding in proposed norms the phenomenon of normative ductility and an improper use of the instruction reserve that leads to the recognition of culturality, beyond sportsmanship. So that methodologically, given the spectrum of powers of the administration’s actions with respect to the informal and formal zone from which the use of the reserve of administrative instruction and the pronouncements classified as soft law arise that from the theory does not have the same binding power, the normative ductility test was used.

Palavras-chave : culture; cultural right; soft law; normative ductility..

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