Abstract

VASQUEZ ALFARO, Monica. UPAC crisis through the eyes of the judges: a case study in Barranquilla city (Colombia). Rev. Derecho [online]. 2014, n.41, pp.141-171. ISSN 0121-8697.

This essay proposes an alternative narrative of the financial crisis that fifteen years ago occasioned the homelessness of thousands of mortgagors. Much has been said on this subject at this time. The Corte Constitucional, Consejo de Estado, Corte Suprema de Justicia, academics, constitucionalist, economist and debtor associations have examined the causes, consequences and effectiveness of the strategies from the government to solve the problem. Specifically, this paper was derived from the analysis of the experience of judges and magistrates who attended the judicial process of the obligations of UPAC. These judges refused the ordering the termination of court proceedings given by the Corte Constitucional being aware of the precarious situation of housing debtors. Consequently, many borrowers lost their homes despite the protection committed by the high Court, but why the judges refused to apply these judgments?

Keywords : UPAC; justice; sociology of administration of justice or legal profession; legal resistance; ignorance of precedent; procedural law.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )