INCERTIDUMBRE EN COLOMBIA, CRISIS EN EL SISTEMA DE SALUD, CUANDO EL DERECHO SE ENCUENTRA CON LA REALIDAD.UN ANÁLISIS EN TIEMPOS DE COVID

Abstract

This research article presents an analysis from the perspective of the positivist school of law on the governmental management that has been carried out in public health scenarios and how the Statutory Law 1751 of 2015 has materialized by analyzing the social impact within the Colombian Nation in times of Covid-19.
Starting from the examination of the effectiveness that Law 1751 of 2015 has had until 2022 and the lessons it has left on what conjuncture factors it presents and if they have been improved in the course of time.
Having this social and legal factor as a background, we analyze the state management a posteriori in the public health crisis that humanity is going through due to the coronavirus and, based on these precedents, we study the procedure in Law, Governance and Public Policies of the Colombian State.




Concluding with a propositional approach of how these situations should be handled from the perspective of the guiding principle of the Colombian legal system of Human Dignity and good governance in conjunction with global cooperation from the cosmopolitan international perspective imposed by globalization.








Subsequently, we continue with the approach to the dilemma of normative Law - State vs. Reality, addressing this issue from the National and Global perspective, examining how this dilemma disturbs the dynamism and status quo of Political Societies in which the national legal-governmental solutions are not efficient , because the rules remain merely on paper and its materialization is impossible to carry out, due to external factors, which will be addressed from this point a critical-reflexive analysis on whether the legislator if it is consistent with reality and what mechanisms has implemented to achieve its goals within the social rule of law.