Análisis desde la legitima defensa para la aplicación de la justicia penal en homicidios cometidos por mujeres víctimas de violencia de género en bucaramanga

Abstract

This paper deals with the incorporation of the gender perspective into the legal system through jurisprudential development, especially by the Constitutional Court, contrasting with positive regulations. This perspective is applied when analyzing cases of self-defense in which female victims of partner violence end the life of the aggressor. The concept of self-defense and its requirement of responding to an imminent attack are examined, highlighting that if the harm is consummated, it does not qualify as such. It is observed that justice operators in Colombia seldom apply the gender perspective in cases where a woman, a victim of gender-based violence, kills her partner, limiting self-defense to imminent physical assaults. The study delves into circumstances where violence is successive and not immediate, prolonged, or repetitive. If a woman responds to the accumulated violence due to feeling unprotected, it is argued that the gender perspective should influence the legal process, following criteria from international approaches and ratified norms by Colombia. Ultimately, this work examines the integration of the gender perspective into the legal system through jurisprudence and its application in self-defense cases involving partner violence. The need to consider the accumulation of violence within the gender perspective in the judicial process is emphasized.