Colisión de principios y argumentación judicial El derecho colectivo al espacio público

To analyze the argument of the case law of the Administrative Courtof Santander to resolve the collision between the rights to public space and the rightsof persons exercising their economic activity therein. Methodology: This is abreakthrough research which have been revised theoretical and doctrinal concerningcollective rights to public space and pronouncements on the matter have issuedthe State Council and the Constitutional Court of Colombia. Results: found anabundant jurisprudence emanating Council of State and the Constitutional Court,as well doctrinal texts by various authors. While the Constitutional Court refersto the collective enjoyment of public space, the State Council clarifies that enjoymentin terms of private use is “reasonable”. In addition, the Constitutional Courtrecognizes a collision of rights requires policies that enable the harmonious coexistenceof interests collide. In addition to the case law tends to be conciliatory, thelaw also regulates the matter in conciliatory terms. Conclusions: more than 4,000popular actions known to the investigating court does not appear to have a unifiedapproach. This will be one of the results of the completed investigation.