El avasallamiento de bien inmueble dentro de la Ley de seguridad ciudadana.

Abstract

The present investigation arises after the national debate that generated the issuance of the Citizen Security Law Law 2197 of 2022, a debate about the punitive scope that led to the increase in penalties for some crimes related to social protest and the creation of new criminal types in Law 599 of 2000 as well as modifications to Law 906 of 2004. Said Citizen Security Law in Colombia arose from the need to combat crime and crime in the country, seeking to provide tools to the authorities to prevent and deal with insecurity, protect human rights and guarantee the security and well-being of the population; However, this law has been criticized by some for considering that it limits freedom of expression and peaceful demonstration, and by others for not being sufficiently effective in the fight against crime. Especially, a diatribe of positions has been generated regarding the new typical conduct established in article 264A called Subjugation of Real Estate, which punishes with custodial sentences those people who violently or peacefully temporarily or continuously incur into real estate. , a situation that led to different unconstitutionality claims before the highest closing body, claims that support the vast majority of the flagrant violation of fundamental rights and therefore the function of property established in the Political Constitution of Colombia. The present investigation of a basic legal nature is based on the interpretation of current regulations, taking as a point of reference the National Constitution as the main source of law, the Penal Code Law 599 of 2000 as an instrument of social control and the postulates of the Constitutional Court. regarding the Social Function of Property in Colombia; the foregoing within a qualitative approach, because it deepens its study in a theoretical and reflective referential framework of criminal regulations and the self-determination of communities.