Parámetros jurisprudenciales para promover el cumplimiento del principio de igualdad de armas en el sistema penal acusatorio

Abstract

The principle of equality of arms enshrined in Article 8 of the American Convention on Human Rights is fundamental to guaranteeing a fair trial by ensuring that all parties in a judicial proceeding have equal opportunities to present their case and access their right to defense, however, in the Colombian context the Constitutional Court has emphasized the importance of this principle, pointing out that its application is not limited to equal access to information but also encompasses the availability of all the resources necessary for an effective defense. This research focuses on analyzing the application of the principle of equality of arms in the Colombian criminal system, particularly in the framework of application of Law 906 of 2004 and the Colombian code of criminal procedure through a study of judicial sentences issued by the constitutional court between the years 2004 and 2023 through which it seeks to identify the jurisprudential parameters that have guided the protection or rejection of this right. The results of this research are relevant to the strengthening of the social rule of law in Colombia, since they provide a detailed vision regarding how this principle has been interpreted and applied, and also offers legal tools that can guide legal operators in the identification of possible violations of this principle in future judicial processes.