Social Change and Law: A Matter for Discussion. Study of the First Decision in Favor of Same-Sex Couples by the Constitutional Court of Colombia

• Autor(a) principal: Rueda Vásquez, José Miguel
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/90060
• topic: Social change; society; Law; evolutionary mechanism; structural coupling; res judicata; Mudança social; sociedade; Direito; mecanismo evolutivo; acoplamento estrutural; caso julgado

This paper seeks to investigate the interaction between Law, society, and social change in the context of a judicial case. For this purpose, the case of Colombian Constitutional Court decision C-075 of 2007, on the recognition of patrimonial rights of same-sex couples, will be analyzed. The objective is to determine how social change was identified, proven, and used to change the law in this case. The premises of Luhmann and Teubner were employed to develop the analysis alongside certain final reflections on the relationship between society and Law. The conclusion in this case is that identification of social change was based on the arguments presented in the legal discussion. The evidence consisted of reasonable interpretations of notorious facts and social change, how social change was used to lift the res judicata, support the need for change in the law, and justify the legal empowerment of the Constitutional Court to directly remedy the situation.