The constitutional correction of divorce. Static analysis of the sentence SU-080 of 2020 of the Constitutional Court of Colombia

Authors

  • Víctor Julián Moreno Mosquera Institución Universitaria de Envigado, Colombia
  • John Fernando Restrepo Tamayo Universidad de Medellín, Colombia

Abstract

This article is a result of doctoral research on the constitutional correction of family law applied to divorce. It reveals the interpretative keys that comprise the differential gender approach for victims of domestic violence. Thus, the static analysis of Judgment SU-080 of 2020, reveals the integration of a civil reparation incident, to a divorce process. This allows us to conclude that family judges must articulate the superior regulatory system, with a multilevel vision of the pro-feminine principle, to avoid impunity for the aggressor and the re-victimization of women by the State.

Keywords:

Domestic violence, gender perspective, constitutional correction, divorce, comprehensive reparation, social rule of law