La Relativización de la Cosa Juzgada en la Reparación y Restauración a las Víctimas en Colombia

Abstract

Due process, in particular the “non bis in idem” principle, has reached an importance that is unusual in legal-political systems, to the extent that it is often called for in international organizations and in constitutional declarations on defense of the human person. This constitutional guarantee of res judicata is relativized by different judicial actions provoking that the sentence that has remained firm should be annulled tending the observation, the respect and fulfillment of the rights of the victims being the point of the debate. In turn, the Inter-American Court established and determined what the factors are that allow a process involving the immutability of res judicata to be reopened, recognizing that the non bis in idem principle is not absolute and that permanent quality is not applicable for all cases. However, when the state through the legal system relativizes the res judicata, in turn, it minimizes the legal situation of one of the subjects that are part of the process for which the declaration of “nom bis in idem” had favored the victimizer , putting in question the legal security promoted by the state through the constitution. In a way, it is not criticized that this guarantee is distorted with justified reasons for a situation in need of searching for the truth and justice for the victims of a process, which is absolutely reproachable and an act contrary to the legal system in which the State seeks the truth and justice impairing the legal certainty that provides the res judicata to one of the parties, because although it is true, the aforementioned guarantee is created precisely with the purpose that nobody be tried twice by their acts. Regarding the aforementioned, this research seeks to answer the following questions: Can the relativization of the principle of res judicata repair victims as to the right to truth, justice and the guarantee of non-repetition?