La carga de la argumentación jurídica: un caso especial de interpretación y adjudicación de los derechos fundamentales

The burden of legal argumentation, is one of the three elements of the model of ponderative adjudication of the right, in times of democratic constitutional State. Our objective with this work is to show, as has been the jurisprudential treatment of the Constitutional Court of Colombia, has been given this argumentative-interpretative device, as a complement to the extended or integral model of the application of fundamental rights. Especially from the comparative constitutional perspective, look at how the notion has been constructed in the contexts of the Constitutional Courts: German, Italian and Spanish. In the areas of establishing the distinctive features of the model of the burden of rights in Colombia, not only from the theoretical reception, but from a true appropriation of the concept and the procedural aspects of it, in the judgments of constitutionality and guardianship, generating a model for the entire Latin American context, from the influence of the Alexyana proposal.