La vulneración del debido proceso, dignidad humana y libertad bajo la figura unidad de defensa en la jurisprudencia colombiana

Abstract

The violation of fundamental rights is a subject of high jurisprudential and doctrinal development that is implicit in the development of legal situations that involve judicial decisions when the judicial system slightly establishes the existence of the unit for the defense. The objective of this research is to analyze the incidence of judicial decisions in the violation of the fundamental rights of the accused by denying freedom due to expiration of terms, arguing delaying maneuvers by the unit for the defense, in order to establish the legal consequences of the violation of rights that are intended to be made known. To achieve the objective, a qualitative research method is used based on the interpretation and understanding of the legal reality through the analysis of jurisprudence in which the accused or defendants are not granted freedom, arguing that they committed delaying maneuvers through the unit for the defense. When carrying out the proposed analysis, it was observed that the judicial decisions are unaware of the substance and evade proving the existence of the defense unit, which is why this constitutes a violation of the right to due process, human dignity and the principle of public trust.