Tópicos penales, procesales y constitucionales en torno al delito de enriquecimiento ilícito en la jurisprudencia Argentina, Portuguesa, Brasileña y su paralelo con la Colombiana.

Abstract

The criminal legislation in Latin America concerning the criminalization of conduct harmful to public administration has coincided with the introduction of such offences as concussion, bribery, prevarication, but the constitutionality of a criminal offence and illicit enrichment could rarely be discussed. Various interpretations have been erected to verify or not their harmony with the precepts of the superior statutes; countries such as Brazil and Colombia opted for their inclusion in their respective legal systems, and daily judicial practice does nothing but fertilize the field for further reflection. In this context, it is a matter of concern in the present work, in the first instance, to study from international literature the most recurrent hesitations about the illicit in question in terms of constitutional, procedural and criminal topics. Then, to analyze the judgements made in favor of the constitutionality of enrichment in accordance with the paradigmatic Colombian case, and link the above with specific situations that have tested the ability of the judiciary to advance the process of the injustice described without undermining fundamental rights and guarantees, and in turn to construct the dogmatic jurisprudence in relation to it. Keywords: Illicit enrichment, procedural guarantees, fundamental rights, unjustified increase in wealth, penalties and administrative and criminal procedures.