Comparative Analysis of a Judgment Related to the Social Rule of Law of the Venezuelan Supreme Court of Justice (TSJ) and the Colombian Constitutional Court (CCC)

Abstract

This investigation of the Social Rule of Law from the comparative perspective between the Republic of Colombia and the Bolivarian Republic of Venezuela, is carried out through a theoretical review of its characteristics and fundamental elements (micro analysis), but above all it deepens them as to the jurisprudential revision uses the analogy as a method of reasoning, a fact that points out the aforementioned topic. Of course, it is clear that the scientific concern arises from the legal and political situation that happens in Venezuela, so resorting to comparative analysis with a neighboring country united by different ties of all kinds, makes sense; because they are republics with a common origin, they have a history developed in many aspects in unison as well as similar geographical, political, social and economic conditions. The most important thing is that when weighing the results, it will be possible to establish which path each legal code is taking on one of the most relevant topics and that occupies the largest space in Political Science and Law: Democracy. It can be affirmed that in Colombia there is a Rule of Law in force while in Venezuela the jurisprudential practice has surpassed this concept.