The unseizability of the assets of Religious Cults in Colombia. An approach to the Proportionality of a Legislative Privilege [La inembargabilidad de los bienes de los cultos religiosos en Colombia1 . Una aproximación a la proporcionalidad de un privilegio legislativo]

Abstract

This article proposes the application of the proportionality test, as a valid instrument to determine the constitutionality of a legal norm that presents differential treatments in favor of religious cults, specifically the unseizability of their assets. For this purpose, this dispute inherent to Colombian constitutional law will be addressed starting from the following topics: 1) The proportionality test will be briefly exposed, as a method to support an evaluation of constitutionality and to define the collision between fundamental rights. 2) The proportionality will be applied, and the main criteria of constitutional jurisprudence will be identified, to determine the constitutionality of the legislative privilege of the unseizability of the assets of religious cults. It will be concluded on the viability of establishing this kind of differential treatments in favor of religious cults if they respond to objective and constitutionally admissible criteria. © 2022, Universidad de Talca. All rights reserved.