Las demandas de seguridad ciudadana, el populismo y la corrupción estatal. Del registro sin orden legal de la correspondencia al caso Odebrecht

Abstract

This text seeks to establish a theoretical relationship between the concept of populism and the security demands made by civil society in several Latin American countries. The purpose of this is to investigate whether these demands may lead to certain setbacks in constitutional rights through laws that would imply violations of the right of correspondence and treatment of cyber data. In order to establish certain theoretical and descriptive limits regarding the interception of data, the idea that the State could, in certain cases required by law, intervene data and correspondence of legal persons and large corporations in order to avoid corruption phenomena. For this, the case of Odebrecht and its cybernetic operations will be taken in conjunction with state officials, and regarding the violation of correspondence of individuals without a court order, the case of Legislative Act 02 of 2003 in Colombia will be taken. In this way, and after a careful review of sources,the investigation will lead to examine in which cases the social demands for justice may or may not lead, in general, to the intervention of the right of correspondence.