Responsabilidad penal del menor infractor. Una aproximación desde la política criminal.

Abstract

The Criminal Childhood and Adolescence Code (article 144), defines as a guiding norm the criminal liability system, giving prison procedural treatment (Law 906 of 2004 modified by Law 1453 of 2011) to the minor offender, which does not correspond to the superior legal asset and the constitutional block for the protection and guarantee of the rights of children and adolescents, nor to the specialized and differentiated rehabilitation and re-socialization treatment of the punitive regime applied to adults. Through a qualitative research strategy, with a descriptive methodological design, approached from a sociological-hermeneutic research approach, based on secondary sources and from three associated analytical categories, the research question could be solved. The result of this monographic work was: the analysis and identification of the legal-conceptual antecedents, criteria and doctrine of Criminal Policy, Social State of Law and Democracy, and Restorative Justice, immersed in the National Legal System; and a constitutive scenario of reflections, approaches and considerations on the conflicts between principles and approaches, which generate discrepancies in the decision-making of prosecutors and judges to administer justice on the criminal act of the minor offender.