LA PROTECCIÓN DEL DERECHO A LA EDUCACIÓN MEDIANTE LA SENTENCIA DEL TRIBUNAL CONSTITUCIONAL QUE DECLARA EL ESTADO DE COSAS INCONSTITUCIONAL

In recent years, the Constitutional Court has been issuing sentences that declare a state of affairs unconstitutional when it warns that there is a systematic violation of fundamental rights, specifically, this body had the opportunity to declare a state of affairs unconstitutional a case indicating that the availability and accessibility to education of people of extreme poverty in rural areas, as a result of the fact that this sector of the population did not have access to education. The problem addressed was the impact that these types of sentences have on the effectiveness and respect for fundamental rights. The methods used were documentary and interpretative analysis. The results to which they arrived were: (i) the Constitutional Court uses these types of sentences to provide protection to the affectation of fundamental rights of a social nature - a situation of systematic violation of rights and that the holders are several persons -, (ii ) the judgments serve to exhort that the organ or the public power fulfill its constitutional and legal obligations, and, (iii) the constitutional justice follows its sentences to verify if the order in the sentence has been fulfilled.