Los principales problemas jurídico-penales de la postura de la corte constitucional en cuanto a las acusaciones públicas en delitos sexuales frente a los derechos de la honra, buen nombre y presunción de inocencia.

Abstract

The Constitutional Court noted that women's speeches are subject to special protection, but did not anticipate the impact this would have on legal issues. To understand the decision, it is necessary to have complete knowledge of the context that gives rise to this conflictive situation. To achieve this, we must explore how this controversy originated. Therefore, it is important to examine the historical role of women in Colombia, even if it is a concise summary and omits much of the history, with the purpose of establishing the most fundamental foundations that explain why women are fighting and what was the trigger. . of this fight, which had such force that it even came to the attention of the Constitutional Court. Next, the main confrontations that arose when examining this type of statements are analyzed, focusing on the rights related to reputation, good name and the principle of presumption of innocence. This analysis ranges from the definition of these rights to their scope of protection and how they can be compromised in the face of emerging rights. Subsequently, an exploration is made of how the Constitutional Court addressed this problem and why it chose to grant special protection to these speeches, through a brief review of the most notable judicial decisions and finally the established mechanisms that resolved the situation are found. Finally, it is concluded that the main problems lie in the balance between public denunciation and the protection of the rights of honor, good name and presumption of innocence of the accused individuals, as well as in the challenge to the established legal system, which is reduced to an evident ineffectiveness on the part of the State to delimit the framework of sexual violence.