El estatus del consumidor como garante de protección en el derecho del consumo

Proporcionalidad de las sencasiones en Colombia

Abstract

One of the essential values of any state and necessary for the social development of any human conglomerate is the economy in the understanding that in modernity no class or form of state can be conceived in which capital is not the instrument to establish the particular or social progress of any person or entity, for this reason the economy represents an essential element of any state, one of the elements that contributes to the economic development of any society is trade, since this represents the possibility of establishing business or economic relations between different people leading to the enrichment of one through the provision of a service or the sale of one good to another, however, despite the fact that modern democracies promote freedoms in the market, it is necessary to state that they must be limited rational and justifiably by the state who implemented a model of equity promoted by it.
This economic model is the one adopted by the Colombian state and represents the authorization to the state itself to impose administrative sanctions on the companies product of the excesses in their functions, nevertheless it is necessary to establish that on several occasions these sanctions carried out with disproportionality and irrationality affect the economy of the same, generating not only an affectation on the finances of a certain company but also an indirect way an affectation about the social role that they fulfill for this reason the present work aims to highlight the importance of the proportionality of the sanctions in the commercial law of defense to the consumer in the Colombian legal system, as a form of protection of the companies in Colombia.