Criterios jurídicos y psicológicos considerados por autoridades disciplinarias para recaudar testimonios de niños, niñas y adolescentes

Abstract

The purpose of this article is to identify the legal and psychological criteria that the disciplinary authorities in the District Education Secretariat take into account to collect the testimonies of children and adolescents (hereinafter NNA). A documentary-type study was carried out, with a mixed methodology, which included disciplinary processes within which the government channel was exhausted, disciplinary investigations carried out in the period from 2007 to 2013, testimonies of children and adolescents, victims and Minor witnesses, students from Bogotá district schools. A total of 572 units of analysis were reviewed based on the established criteria resulting from the review of the theoretical and empirical sources from the Law and the Psychology of Evidence. The results showed that the disciplinary authorities in the District Education Secretariat do not have a defined technique or model for collecting the testimonial evidence of children when they come as victims or witnesses, this is reflected in the results of the data analysis, that account for the absence of some of the legal and psychological criteria, established from theoretical and empirical sources from the Law and Psychological Evidence, which reveals the importance of developing a proposal or model that unifies and optimizes the process of However, it should be clarified that this is due to the regulatory gap that exists in the subject, in this area of application of the law.