Del escrache popular a la guía jurídica del escrache: un análisis constitucional desde la Sentencia T-275 de 2021

Abstract

This research analyzes feminist "escrache" as a tool for public denunciation of gender-based violence within the Colombian context and under the constitutional protection granted by Constitutional Court Ruling T-275 of 2021. Through a feminist legal perspective, this study examines the origins of "escrache," its theoretical foundations, and its evolution from popular protest to its legitimization as a constitutionally protected form of expression. This makes it possible to design a legal guide for access to and responsible use of the feminist escrache as an alternative justice mechanism, guaranteeing the balance between freedom of expression art. 20 C.P. and the right to honor art. 21 C. P to good name art. 15 C.P. and the presumption of innocence art. 29 C.P. The study identifies the limits and criteria under which this mechanism can be applied without incurring affectations and violations of other rights, while making visible the social response to the impunity of the judicial apparatus in relation to sexual violence. This work constitutes an academic and practical contribution to the protection of women's freedoms, and offers clear tools to victims, collectives and organizations to exercise the escrache in accordance with and respect for constitutional law and feminist justice.