Social Constitutionalism and Consumer Rights

Legislative Review between Argentina and Colombia

Abstract

Here the consumer is described as the main actor within western capitalist society, he has not had enough prominence within contemporary constitutional law. Their rights have barely been recognized in stages over the past two decades by lower-ranking norms in most Latin American countries. In order to know how consumer rights were born, it is necessary to make a recount started by a brief history of the emergence of individual rights and their guarantees, and soon with the antecedents of the industrial era, the constitutional and democratic state of right and with it the social and collective rights that passed to solidarity rights (third generation rights). For the second half of the 20th century, technological development increases companies, large-scale, mass-produced and standardized production, and with it a new consumer society and a main actor in the “consumer” relationship. But this is treated in a depersonalized way by the conditions of commerce, by advertising, fashion, monopolies and other less respectful practices, creating conditions of concern and inequality. Then the international human rights treaties that deal with consumer protection are reviewed. The constitutions of Argentina and Colombia are compared on the subject, examining their normative development in search of the norms that contain consumer protection and which of the countries offers more guarantees. The Colombian constitutional jurisprudence is analyzed in a particular way, to conclude that there are regulatory flaws that protect the consumer in the Colombian State.