Una mirada a la privación de la libertad en el sistema de responsabilidad penal adolescente en Colombia desde los estándares internacionales

Abstract

The development of human life moves at a fast pace, dazzling those who are just beginning their journey, from the sphere of the family, in the constitution of a social state of law, it is the adolescent who transforms his paradigm from offender to subject of rights, but that their behavior involves deprivation or sanction actions, which are described in Law 1098 of 2006, system of criminal responsibility of adolescents, framed by a normative, constitutional and conventional content, with the priority of the best interest of the child, in each of its actions and decisions. International standards on the deprivation of liberty, contained in those instruments that allow reflection on the reality in the Colombian state, in the adequacy within the interior of the nature of judicial processes, and their decisions reflected in sanctions, those who break the system but who face the conventional, constitutional, and regulatory guidelines, in a social state of law that strives to understand the adolescent, and give him a role in the concert of the fundamental rights. The experiences of conventionality control, based on its pronouncements, make it possible to trace a path in the construction and adaptation of a true adolescent penal system, in this sense, the gray areas found in decision making are overcome by weighting and freedom, not closed clauses through determined sanctions, but through clausula apertus, of restorative origin.