Nuevo test de ponderación de la detención preventiva en Colombia en virtud del Covid-19

Abstract

Covid-19 made visible the ostensible violation of human rights of the population deprived of liberty in Colombia due to the marked absence of criminal policy in the power of legislative configuration whose initiatives are clouded by punitive populism, whose only interest is to gain followers in the electoral elections of a morally degraded society that welcomes the non-guarantee of its most intrinsic constitutional rights. Precisely in this article, the legal problems that arise in Colombia in intramural detention sites are addressed, since due to the coronavirus there is overcrowding in police stations and temporary detention sites for convicted persons and in preventive detention, which make it difficult to guarantee the minimum health conditions to mitigate the spread of Covid-19 and, consequently, their fundamental rights are violated and whose new unusual circumstances as a result of the pandemic are not subject to assessment by the Judges of Guarantees when imposing a measure of protection. assurance: my lege referendum proposal is that while the Health Emergency lasts, new elements should be added to the weighting test that allow decisions to be made in accordance with a Social State of Law.