La interpretación jurídica en el litigio estratégico en defensa de los derechos humanos en Colombia

Abstract

Legal interpretation is necessarily an intellec-tual activity of a practical nature, not theoretical as pure knowledge, but strategic, marked by the result to be obtained. Legal interpretation is a task guided by the particular interest of resolving a case that requires a solution so that the rights whose protection is sought, can be achieved and guaranteed by the State and by the authorities for the benefit of those who fight for justice. The juridical interpretation, therefore, is a work of spiritual order that pursues that the ethical ideal of justice, the ethical virtue of justice, is realized in material form. In other words, legal interpretation has to be guided by science and legal technique, but not only by them but also by the complexity of the sciences of the spirit, better known as the hu-man sciences. A particular legal interpretation has a specific relevance, the one that is carried out regarding the protection and guarantee of human rights. Legal interpretation in the field of human rights is marked by the strategic mis-sion of guaranteeing the protection of human rights and therefore requires following a set of universal values and principles that have a particular normative force. A new legal hermeneutics is the order of the day.