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Revista CES Derecho

On-line version ISSN 2145-7719

Abstract

ALTAMIRANDA MORALES, Darlis Johana; MENDOZA RIOS, Sara Rebeca; MEDINA RUIZ, María Fernanda  and  CARMONA MONTOYA, Adiley. Jurisprudential line on the recognition of rights to the LGTBIQ community. rev.ces derecho [online]. 2020, vol.11, n.2, pp.25-40.  Epub July 26, 2021. ISSN 2145-7719.  https://doi.org/10.21615/cesder.11.2.2.

The objective of this article is to carry out the study and analysis of the existing judgments regarding the recognition and claim of rights to the LGTBIQ population; In order to achieve an adequate review against the pronouncements made over time by the constitutional court, a jurisprudential line was made for this, using the technique proposed by the academic Diego López in his book “the right of judges ”And that corresponds to the Dynamic Analysis of Jurisprudence; that is, a legal question or problem to be solved is established and a range of possible answers is opened through the analysis of judicial decisions.

This analysis was developed through an argumentative, exploratory, and documentary type approach, since it was based on the review of the concepts of the Constitutional Court issued in relation to the LGTBIQ population. This exploration was carried out as an input to carry out a research project related to the recognition of pension rights to the same community.

Keywords : LGTBIQ; Fundamental rights; Constitutional Court; Jurisprudential line; Dynamic analysis.

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