Análisis del allanamiento a domicilio sin orden previa establecido en el nuevo código de policía frente al derecho a la intimidad y su control judicial en Colombia 2016-2017

Abstract

This research article aims to look at the problems raised in the Colombian legal system, the Colombian society, from the issuance of the new National Police Code, Law 1801 of 2016, on fundamental rights, in particular with the issue related to the search of domicile by the police authorities, without an order issued by a prosecutor, in particular and imperative circumstances, of a necessary nature. It is an article that proposes an investigation of a documentary, bibliographical, with a methodological approach of interpretative type, is framed in the current discussions around this important problem of the raid to dwell, which poses constitutional and administrative challenges to the Social State of Law and the Charter of Fundamental Rights raised by the Political Constitution of 1991, and the Constitutionality Block of Human Rights Treaties. Part of a current conceptual approach, raised the problematic in the framework of the advances that have been registered in the constitutional, criminal and administrative law and in the matter in particular in the XXI century, with respect to the possible retraction carried out in the matter to from the promulgation of the police code, and which require a constitutional adaptation to remain in the legal system, which falls into the hands of the Constitutional Court through the action of unenforceability.