Trata de personas y función legislativa en Colombia: revisión de literatura

Abstract

Human trafficking in a complex phenomenon of multivariate contexts that splits the human quality of the victim, leaves her vulnerable, de-subjective and objective because it is organized and transnational crime. Thinking about the human nature of trafficking has involved reviewing a general overview of the criminal component of trafficking, from the perspective of the legislative role and the specification of legislative omissions that may exist in crime fighting policies. Then, a literature review was carried out with integrative criteria with evaluation of knowledge based on evidence. We searched Google Scholar and databases: Hein OnLine, Oxford University, LexBase and SAGE journal between 2015-2020 and in the analysis of the literature, Gadamer's hermeneutics and the synthetic-analytical method were applied. In conclusion, the crime is systematic, multi-offensive, mono-subjective and exploitative. This has had approaches: social, spatial, labor, political, gender and human rights. There are interpretative and meaning gaps in undetermined behaviors stemming from exploitation. There are also gaps in studies about efficiency, capacity and legislative function; conjecturing hypotheses of processes in patrimonial responsibility for special damage and legislative omission to the constitutional court. Finally, is important think about rebuild the victim, construction of comprehensive legislation for victims, and determining the semantic gaps of the criminal type so that they are not empty policies.