Orden publico, uso de la fuerza y legitimidad en las actuaciones del Estado: abordaje al decreto 003 de 2021 frente a la figura del escuadrón móvil antidisturbios

Abstract

Decree 003 of 2021 seeks to regulate the right to protest in connection with freedom of thought and assembly, within the Colombian State, as well as the figure of the Mobile Riot Squad. However, to this the norm in question raises multiple aspects that must be studied against the parameters and limits that exist regarding the right of peaceful protest, as well as the use of force, the protection of public order and legitimacy as a form of act against the public force within the protests. That is why we start with the problem question: Does National Decree 003 of 2021 comply with the mandate to protect the fundamental right to peaceful protest and the parameters of the use of force, legitimate action and protection of public order, by regulating the operation of the Mobile Riot Squad (ESMAD)?? which was developed through a descriptive, explanatory and documentary method. Whose main results and conclusions allow us to indicate that, although the norm in principle is positive in the face of the fundamental right of assembly, within the praxis this may have nuances contrary to the constitution and in turn not very legitimate in front of the population. This is because it resorts to aspects that reward the protection of public order over the rights of the protesters, as well as the use of force in an arbitrary manner.