Financial regulation and Estado social de derecho in Colombia

Abstract

This article analyzes if there is a public policy for the financial sector in Colombia that meets the needs of Estado Social de Derecho. Likewise, based on this public policy, it will be studies whether it could mitigate possible contradictions between the international standards of financial regulation known as Basel III, and compliance with the constitutional values of credit democratization, access to social housing, consumer protection, defence of the environment and, free competition. Analysis is based on three premises: the absence of a public policy for the financial sector that seeks to meet the constitutional objectives of the State; the obligation to comply with international standards of financial regulation, and duties arising from the last global crisis, and it examines the tensions between these standards and constitutional values, between efficiency and equity, and between development as economic growth and as welfare.