Aproximación a las implicaciones jurídicas de la conexidad de los delitos de narcotráfico al delito político de rebelión, en el marco de la justicia transicional en Colombia

Abstract

The present investigation reflects reflexively the juridicity between the relation of connection between the crime of drug trafficking and the political crime of rebellion in the light of current regulations; This study is based on analyzing the legal implications of recognizing that the crime of drug trafficking could be related to political crime, a legal study that would have a deep foundation mainly in the theory of crime, ontology, axiology and constitutional rules, taking special care with the principles of proportionality and reasonableness and the state duty of protection to the victims, elements already anchored by the constitutional hermeneutics, because to date in the legal system what is basically taken are pronouncements with erga omnes effects through jurisprudence and open a possibility to give green light to the recognition of the connection between these crimes within the framework of transitional justice in Colombia in accordance with the guidelines contained in Law 1820 of 2016 and 1957 of 2019, which empowered the Amnesty Chamber and Pardon of the special jurisdiction for peace, so that that other behaviors different from those contained in article 16 of law 1820 and that describe behaviors related to the development of the rebellion and committed during the armed conflict are considered as a crime related to political crimes, within which the crimes could be of drug trafficking.