Examinando por Materia "Auto del 17 de junio de 2008 con radicado No 36176"

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    El recurso extraordinario de casación y los efectos en que se concede en materia civil y laboral
    (Universidad EAFIT, 2020) Toro Osorio, Alejandro; Jaramillo Metaute, Mateo; Múnera Posada, Armando
    In this research work we will seek to analyze the pertinence of the arguments given by the colombian Supreme Court of Law in the statement N36176 from June 17th 2008, which nowadays serves as legal basis to endow with a suspensive effect the sentences passed by State Courts in Work Law cases, when these have been appealed and remitted on to the Supreme Court. Likewise, the thesis of the Constitutional Court that suggests endowing with an immediate effect some of the sentences passed by State Courts in Work Law cases, goes clearly against the position taken by the Supreme Court of Justice, who affirms that the only effect in which these appeals can be granted is suspensive. The problem mentioned above, brings undesirable situations to the users of the Colombian judicial apparatus, who are forced to take different measures and to go to other instances such as the guardianship action in order to seek protection for their fundamental rights. Based on what has been stated in the paragraphs above, the goal of this research is to find enough legal arguments that would help us support and constitute new elements for the creation of new criteria that will allow change the reality I which so many people are immerse, when the rights they have acquired through judicial sentences are suspended while waiting for the resolution of the extraordinary appeal.