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This work is concerned with a critical analysis of legal phenomena such as legal formalism, decent work as utopianism, the causes that generate social conflict, the resurgence of collective labour law and the ideal future of Colombian trade unionism. The study of legal formalism is approached from its different doctrinal approaches, taking as a reference of arbitrariness "the Greek tragedy" in which Oedipus gives no importance to the laws and replaces them with his orders, imposing his will by responding to the people "it matters little whether the law is just or not, you must still obey"; this act is the characteristic of a tyrannical government. Foucault confirms this in his work on "Truth and juridical forms" when he argues that on many occasions juridical forms do not allow us to visualise the truth of the facts. The question then arises, does legal formalism violate certain rights? A critical analysis of the specific legal form of certain rights is proposed, which in labour matters some are qualified as uncertain by the very fact that they depend on a proof managed by means of doubt.
About the author
Jesús Gilberto Arias, Advogado formado pela Universidad La Gran Colombia, litigante e consultor jurídico na área do direito do trabalho. Especializado em Direito Público pela Universidad de los Andes e em Docência Universitária pela Universidad La Gran Colombia. Com outros estudos e trabalhos de investigação publicados e registados em Colciencias.
