The "UNCONSTITUTIONAL STATE OF THINGS" AS GENUINE EPISTEMOLOGY OF THE GLOBAL SOUTH

Abstract

This article has as its scope to verify the characterization of the Unconstitutional State of Things (UST) as an exclusivity (or not) of peripheral or semiperipheral countries, as true epistemology of the global South. The research problem is the following question: Is it possible for the Colombian Constitutional Court (own structure of the global north) to produce a genuine epistemology of the global South, despite the fact that the UST it developed is based on the constructions about U.S. structural disputes and remedies, which would distrust it as a genuine construction of the global South? Based on theoretical foundation sat in Boaventura de Sousa Santos, it is clarified what characterizes the so-called global South. Subsequently, it investigates the genesis of the UST in Colombia, as a true epistemology of the global South. Starting from the dialectical method, marked by the opposition of theses and antithesis, it proposes as a synthesis the idea that, while the formatting of some peripheral countries is characterized by strong influence of the global North, the state of things has been applied so far only in states members of the so-called global South, not decharacterizing itself, because the social context of the Global North does not present a fertile field for developments that only within the Global South are capable of being apprehended and observed