Populismo criminal del control social en conexión de las nuevas tecnologías en compañía de la justicia penal colombiana en protección de los derechos fundamentales

Abstract

Initially, the issues to be studied are significant impacts from a positive aspect not leaving aside the negative part seeking the protection of fundamental rights. Within the Colombian criminal law there is a discrepancy in front of the pressure to respond to the atrocious criminal policy of those conducts, which arise continuously against human dignity and other legal goods that are part of the fundamental in our political charter. Faced with this scenario, the legislator has repeatedly chosen to expand the range of crimes or increase the pre-existing penalties. However, it does not mean that the action of the legislator is being seen in the best way because as a result of those actions, phenomena such as criminal populism has been unleashed, together with an irrational expansion of the punitive system, which hinders the effectiveness and legitimacy of the penal system. Populism is presented as a strategy to terrorize the perpetrator of the crime in order to satisfy the demands of society that arise daily, leaving aside the limitations of the state apparatus. Taking into account, the normative inflation that arises due to the social demands that increase criminal figures that do not have the necessary resources to guarantee the effective application. On the other hand, the rise of penal reform is partly a response to the pressure of the majority of society to demand protection against various threats: public safety, protection of patrimony, protection of environmental rights and protection of vulnerable groups such as Afros, indigenous people, children and others.