LOS SUBJECTS OF SPECIAL CONSTITUTIONAL PROTECTION: BETWEEN OWNERSHIP OF FUNDAMENTAL RIGHTS AND GUARANTEES

Abstract

The perception that is taken of the fundamental rights holders correlatively influences or is elucidated in the subjects of special constitutional protection, that is, the genesis of this article, it derives the need to expand the category of who are subjects of rights in the Colombian constitutional framework. This is based on the legislation, doctrine and jurisprudential development of the high courts with the pass through of over time. Therefore, in the present article seeks to analyze and interpret the theory of fundamental rights elaborated by the author Luigi Ferrajoli in contrast to the interpretation made by the high courts in their new provisions regarding fundamental rights and their connection with the new subjects of. The foundations of the judgment of guardianship 622 of 2016 will be addressed and interpreted, since it marks a jurisprudential milestone based on the interpretation of the new subjects of law that are integrated into the Colombian legal system; irrespective of traditional anthropocentric positions where the rights holder is exclusive to the human being, because of his status as a person, citizen or capable of acting.