Responsabilidad Penal De Las Empresas Nacionales y Transnacionales en el Conflicto Armado Colombiano: la Carga de la Prueba y la Buena Fe Procesal

Abstract

The internal armed conflict in Colombia is one of the longest in the world, without genesis and special, due to the multiplicity of actors and factors involved, which has made its resolution very difficult. During and during the same and in different governments, formulas have been explored to try to achieve with the different actors the termination of it. Thus, during the government of former President Juan Manuel Santos Calderón, it was achieved with the support of some large countries and with the verification of the United Nations, to install a negotiating table in Cuba, where the FARC-EP and the Colombian State sat. , which resulted in the Final Agreement for the construction of a stable and lasting peace. Despite the efforts made, it was not possible to involve all the actors in the conflict, at least in a compulsory or forced manner, leaving important actors out, including the land and economic actors, who were decisive in the dynamics of the conflict. Therefore, in this work some routes or legal channels are proposed that allow the compulsory competence of these actors, because excluding them, a large part of the truth of the conflict would not be known. Sentence C-674/17, when studying the constitutionality of legislative act 01 of 2017, establishes a form of limit to the jurisdiction of the J.E.P. on third parties and Economic Actors, for which it is proposed in this work as legal routes or avenues, are, among others, the following:

A. Control of conventionality of the J.E.P. to ruling C-674/17. B. Constitutional reform.

Both mechanisms appear based on the development of this research