Herramientas aportadas por la jurisprudencia para una adecuada aplicación del delito de violencia intrafamiliar en el ordenamiento jurídico colombiano penal

Abstract

Throughout this basic legal investigation, we will find how domestic violence is a social problem, where the State, for the sake of its protective desire or misinterpretation of it, has not developed a preventive and guarantee policy, it only strives to reinforce the criminal type, increasing sentences, restricting him from judicial benefits and even forgetting the victims, this as a result of more relevant cases.

I will start, with the Constitutionalist notion of the Family as the essential nucleus of the State, then a look at the elements of the existing criminal type of domestic violence determined from an objective conception and finally I will analyze the subjective part developed by the contributions of the jurisprudence, so that it can be give an adequate interpretation of the criminal type by the authorities involved in the criminal process.

The foregoing, in order to provide a jurisprudential analysis of the classification of the type, which is carried out first by the agents of the Attorney General's Office and to avoid an erosion of the administration of justice, since the Supreme Court of Justice Criminal Chamber has arrived in recent sentences to conclude that not all conflict in the family can be typified as domestic violence, deploying tools that help qualify the type properly.