The Legal Framework of The Solidarity Economy: A Critical Analysis of its Regulatory Recognition in Latin America (1990-2024)

Abstract

The study critically analyzes the legal framework of the solidarity economy (SE) in Colombia, Ecuador, and Argentina (1990-2024), aiming to evaluate its effectiveness in recognizing, promoting, and protecting these organizations while identifying regulatory advancements and limitations. The central hypothesis posited that, despite institutional growth driven by differentiated legal frameworks, normative asymmetries and inadequate adaptation to international principles limit their socioeconomic impact. The methodology combined hermeneutic-legal analysis (Gadamer, 1975) of primary (laws, constitutions) and secondary sources (Google Scholar) with jurisprudential case studies using critical discourse analysis (Fairclough, 2003) and thematic coding (NVivo 12). Normative and jurisprudential results were triangulated (Denzin, 2012) to identify patterns. Findings revealed that: (1) Ecuador stands out for its constitutional recognition (Art. 283, 2008) and judicial protection (r=0.72, p<0.05); (2) Colombia and Argentina exhibit tensions between solidarity principles and mercantilist application (68% of analyzed rulings); and (3) gaps persist in organizational autonomy and regulatory coherence (χ²=35.4, df=2). The study concludes that, although legal frameworks have progressed, reforms are needed to harmonize legal certainty with SE principles through specialized tribunals and socioeconomic impact indicators.