LA DOCTRINA DEL DERECHO VIVIENTE: REPERCUSIONES DE UN CAMBIO DE PARADIGMA DEL SISTEMA TRADICIONAL DE FUENTES DEL DERECHO EN EL ORDENAMIENTO JURÍDICO COLOMBIANO.

The constitutionalization has brought new theories itself of interpretation aimed at the recognition and materialization of the constitutional justice concept established v.gr. The living tree theory, of the antiformalist school of law; Theory that supposes a dichotomy, as it considers that "(...) in relation to the books (or civil codes) there is a new dichotomy that emerges from the social practices and it is applied from the interpretation of the authorized authority. This theory has been developed by the dogma and by the specialized courts, especially in the situations in which those opposite interpretations about a same assumption derived from the judicial practice of the Supreme Court with the purpose of pacifying the stances and adopt die proper interpretation that fits into the social dynamic of the historical movement; interpretation which is a mandatory model (in the beginning) the acceptance from lower status judges in virtue of the leading figures such us the binding judicial precedent. The current paper has the main purpose of providing a theoretical and conceptual background regarding the living tree theory from the doctrine, the judicial Italian system (whose contributions have been valuable to the concept development) and especially to the jurisprudence of the Colombian Supreme Court, authority that in the last years has developed an enriched jurisprudential line in front of the requirements to make the concept draft and it can be eventually valued inside of a constitutional trial. [ABSTRACT FROM AUTHOR]