El Tribunal de Casación de ColombiaCrisis, constitucionalidad y convencionalidad

Laburpena

This researching began with this question: What is the role of the Colombian court of cassation according to the new constitutional and conventional paradigms, and the challenges in its work, such as the effectiveness of its functions, overload of work, value of its decisions, and judicial dialogue with the constitutionaland supranational courts?The hypothesiswas about the Colombian court of cassation has three crises regarding its identity, functioning and authority, based on comparative law. Identity would consist of the confusion of its cassation power and its instance, which would take place closer to the third instance; the operational crisis would be evidenced in the overload of activity of the Supreme Court of Justice, which would imply a congestion problem. More dogmatically relevant, the digression of the purpose cassation. Authority would be reflected in the regulation of probable doctrine, a criterion that should be reviewed in relation to the purpose and legal nature of the institution.The main conclusionsare that the Court does not mean the identity crisis,although the adoption of new purposes is reconsidered as an effect of constitutionality and conventionality; it does withstand operational and authority crises and, as a response, it is proposed in their order, the consolidation of the regulated selectionof resources to decide and the suppression of the probable doctrine and, instead, the acceptance of the precedent, highlighting the relevance of judicial dialogue with the constitutional and supranational courts in the framework of judicial globalization.