De la Legalidad de la Fabricación de la Prueba en el Proceso Penal, Mediante la Mediación de los Derechos Fundamentales, a la Dignidad Humana, Libertad, Intimidad y Debido Proceso

Abstract

Colombia is a Social State of Law, in which all associates within the national territory have the right to the protection and realization of fundamental rights, among which we highlight the rights to human dignity, freedom, privacy and due process, these are the pillar, the nucleus, and its categorization, establishes the legal order of the society. The 1991 constitution includes a concept of great importance, even for the criminal procedural system, which is the new dimension of the concept of the person, since, as cited in article 5 of the same, "the primacy of the inalienable rights of the person" It is the starting point of a movement that, although it sounded innovative for the time, was nothing more than the application of what was already determined by the universal declaration of human rights of 1948. Although with a slight change due to the political-social circumstances of the time they were totally different from those at the time of their promulgation. Based on the aforementioned, it can be established that obtaining evidence sometimes implies the interference of the fundamental rights of the individual, which affect the private sphere of the human being, which must be evaluated by the competent judge, that is, the judge Control of Guarantees, which must guarantee whether said procedure is adjusted to the preservation of fundamental rights, hence the proportionality and reasonableness test must be carried out. This article will expose the concept of evidence and judicial evidence, the fundamental rights to due process, human dignity, privacy, and freedom in relation to obtaining evidence in the criminal process, in order to determine the legitimacy of the interference of the latter.