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Colombian Constitutional Court Decision C-577/11 created a formal contract, which is analogous to marriage for samesex couples and urged Congress to regulate it within two years. However, Congress failed to make the respective regulation and, accordingly, a formal contract arising out of constitutional doctrine with no special regulations, was created for the first time in the Colombian legal system. This article seeks to present, using ius formalistic and anti-formalistic theories, a possible interpretation to fill this gap in the legal system by using case law from Colombian's highest court, the Constitutional Court, related case law and a hermeneutical exercise using the ius theories mentioned. [ABSTRACT FROM AUTHOR]

Sustain the legitimacy of the analogical application in bonam partem of the law and the consequent interdiction of the analogy in pejus, are debating the existence of a substantial identity between crimes and administrative offences, justifying the analogical application of the law, to give fullness to colombian administrative sanctioning law; which positive regulation is scattered, sectoral and insufficient. Therefore, we maintain the existence of an ontological identity between the administrative offence and the crime, especially on principles-dogmatic categories that built it, and that justifies the application of legal institutions for the beneficial effect for citizen, absent in the national administrative sanction law, but positivised in the Colombian Penal Code. An exploratory-descriptive methodology, in the base of bibliographical documents, periodical publications, and precedents of the justice, is used. [ABSTRACT FROM AUTHOR]