Análisis de la política de seguridad ciudadana y su aporte como herramienta para garantizar derechos a los ciudadanos mediante los planes de desarrollo 2002-2018

Abstract

The model of the Social State of Law is adopted under the framework of the 1991 Constitution and is assumed as a legal concept that seeks the guarantee of rights, privileging those related to the protection of life and property of citizens. That is why the need arises to guarantee the right to security, a term that has varied over time and the development of human societies, especially as a result of the armed conflict. In this order of ideas, the State, having as its main axis the protection of life, tends for a democratic public order that eliminates all kinds of threats to the population and guarantees the protection of the rights and freedoms of citizens. In this way, the Colombian State faces the challenges implied by the change in the forms of violence and the actors that carry them out, and taking into account the existing dichotomy between internal armed conflict and the urgency of developing a public security policy citizen with security approaches in public order, has provided tools to fully or partially comply with its function of seeking mechanisms of protection against social violence in order to guarantee the enjoyment of the rights of citizens. However, in order to enforce the fulfillment of the rights of citizens, the conception of citizen security was accepted and adapted; which constitutes one of the dimensions of human security that, in terms of Charles-Phillipe David (2008), is defined as follows: 8 Analysis of citizen security policy and its contribution as a tool to guarantee rights to citizens through the development plans 2002-2018. Bertha Lucía Moreno Martínez Human security is distinguished essentially [from state or classical security] by the fact that it is aimed at the protection of the individual and not the protection of the State, and by the fact that the threats come simultaneously from outside and inside of the States (p. 62) On the other hand, the concept of citizen security is aimed at preserving the individual and collective tranquility of society against dangers that could affect it, guaranteeing the exercise of the rights and freedoms of citizens, it is necessary to point out that, citizen security not only It constitutes the fight against crime, but also promotes the creation of a favorable and adequate environment for the peaceful coexistence of people, that is, it seeks to consolidate processes that improve relations between the community and the institutions officially responsible for providing security. Thus, given the breadth and complexity of an issue such as citizen security, it is required for its regulation of the design and implementation of public policies, a concept that was adopted by the author Roth (2017) for the purposes of this document, who conceives them as : (...) a set of means and actions that are treated, at least partially, by a government institution or organization in order to guide the behavior of individual or collective actors to modify a situation perceived as unsatisfactory or problematic problem. (p.27) The previous concept allows to clarify the phenomenon of public policy, as indicated by the author, referring to any action that the State develops to achieve the ends or objectives in situations considered as problematic or unsatisfactory, in order to harmonize and / or face shortcomings. This indicates that the State, once envisioned the need to protect the individual and the free exercise of their rights and freedoms, from the guarantee of the 9 Analysis of citizen security policy and its contribution as a tool to guarantee rights to citizens through the development plans 2002-2018. Bertha Lucía Moreno Martínez citizen security, welcomes public policies on citizen security as a mechanism for the fulfillment of its purpose. However, citizen security, understood from the perspective of Carranza (1995), involves a truly broad and complete concept, which: conceives the safety of the inhabitants, not only as the peace of mind of not being a victim of criminal acts but, also, to live in a constitutional state of law and to participate in the benefits of development in health, education, housing, and all areas of social character (p. 21). In general terms, the State has faced challenges through the implementation of regulations and enforcement of the public force, and institutions responsible for security through the delegation of functions, an aspect that was contemplated since the 1991 Constitution in article 314 , which empowered the mayors to carry out the exercise of security, for being considered the first police authority. Subsequently, with Law No. 62, 1993, it was determined that both mayors and governors, together with the National Police, should design and develop comprehensive security plans for territorial entities, known as Integral Plans for Coexistence and Citizen Security (PISCC) , which result from an inter-institutional process to strengthen the guarantee of citizen security. In more recent times, with Law No. 1801, 2016 that establishes the National Police Code, coexistence is regulated in article 5, chapter II, understood as ―the peaceful, respectful and harmonious interaction between people, with property and with the environment, within the framework of the legal system‖. 10 Analysis of citizen security policy and its contribution as a tool to guarantee rights to citizens through the development plans 2002-2018. Bertha Lucía Moreno Martínez However, despite the fact that the Colombian State is a Social State of Law, which enjoys broad regulations and institutions, it is still evident and on a daily basis in the mass media, an alteration in the enjoyment of the rights of the citizens in matters of citizen security, counteracting or undermining what is stipulated both in the law and in the public policies that have been designed for this purpose. The foregoing leads us to ask the following question: How, in your quality as public policies, have the development plans for the 2012-2018 period influenced and contributed to guaranteeing the right to citizen security? The basis of the problem lies in the need for the State to seek mechanisms for the fulfillment of the ends that were democratically imposed, since the strengthening of the social order is not only consolidated with the elimination of factors that can unbalance the community, but with the mechanisms taught to treat it. However, as a possible answer to the question posed, it is observed that, although it is true, public policies generate a direct impact on the well-being of society, with the passing of the years and with the indexes that are reflected in the media of communication there are no significant advances in citizen security, regarding the public policies implemented for the management of citizen security, persisting flaws in the system. Therefore, significant advances in the issue of citizen security are not reflected in the population, in relation to the social field, that is, in the free enjoyment of rights and freedoms, therefore, development plans as a public policy that regulate the scope of the 11 Analysis of citizen security policy and its contribution as a tool to guarantee rights to citizens through the development plans 2002-2018. Bertha Lucía Moreno Martínez security have been limited and have not affected in such a way that they give a positive response to citizen security. However, in order to answer the question posed, it has as a general objective i. Study public policies between 2002 and 2018, in terms of citizen security, and identify the lines of action and their continuity over time. Likewise, they are contemplated as specific objectives ii. Conceptualize public policies and identify their phases and contextualize citizen security, and also iii. Identify the tools to carry out the compliance of the policies, regarding citizen security. Once analyzed the above, there will be a diagnosis to clarify what contribution or influence the development plans have had, such as public policies, in guaranteeing the rights of citizens, in terms of citizen security. Thus, once all the information and content have been compiled, regarding the subject under analysis, the question asked can be answered. So, for the construction of a solid answer to the question posed in this document, it was necessary to conceive it using the qualitative method, given that a phenomenon with its main problems is addressed, and whose purpose is the description of the object being studied distinguishing its characteristics. Likewise, the logical historical method that allows to see the progress, development and evolution of the institutions and legal norms was required, requiring transformations of a socio-legal phenomenon. Finally, the answer is supported by the legal dimension, taking into account that it corresponds to the line of law that, as a set of precepts, forms a structured system, with coherence, and whose purpose 12 Analysis of citizen security policy and its contribution as a tool to guarantee rights to citizens through the development plans 2002-2018. Bertha Lucía Moreno Martínez It lies in prosecuting and organizing social relations with control and mediation techniques, regulating and coordinating the coexistence of the continuity of society. To conclude, thanks to the use of the aforementioned methodologies, it is possible to establish what the contribution of public policies is, from its formulation and implementation to a citizen security policy, and how it has been guaranteed.