Supremacía de los derechos del menor, un derecho no tan supremo

Abstract

This work is based on the jurisprudential analysis of the sentence T-002 of 2012 proffered by the Colombian Constitutional Court, which are analyze two cases of sexual crimes against indigenous minors; The legal problem proposes a collision of rights to the supremacy of the rights of minors against the right to special indigenous jurisdiction. The importance of this sentence to determine the limits of the abstraction of the principle of the supremacy of the rights of the child, that is, the precedent genuine insofar as it does not follow the line of the arguments outlined by the judges of instance that knew the case, but proposes a holistic vision in which there is an exit that does not generate a denial of the rights to indigenous recognition and at the same time helps to understand a dimension not very clear of the generality of the principle of supremacy of the rights of the minor granted by legal means and by constitutional corpus.