Análisis constitucional, jurisprudencial y doctrinal de los desafíos al derecho fundamental de la presunción de inocencia planteados por el nuevo código de policía en Colombia, 2016-2017

Abstract

The present investigation is framed within the current debate that is carried out from the constitutional scope to the denominated New Police Code, in particular recently and thanks to the action of inexequibilidad on the part of the Constitutional Court, high Colombian judicial corporation that functions like staunch guardian of the Political Constitution of 1991, which was lavish on fundamental and human rights, and whose validity and realization in the Colombian territory is threatened by the advent of Law 1801 of 2016. Although fundamental rights do not have an absolute character, by means of new laws of lower hierarchy to the Superior Charter, their validity and application cannot be undermined, this article intends to make a revision of the main sentences issued by the Constitutional Court, Police Code, clearly identifying which are those rights that have been put at risk as a result of its promulgation. For this, part of an exhaustive bibliographical review in the doctrinal field, which allows to shed light on the treatment that the police authorities can give citizens, under the legal support of the new police law. It also analyzes the arguments that the Constitutional Court has had to make substantive decisions regarding this normativity, and the scope of the same in the legal area.