Ejercicio del poder arbitrario por parte de la policia nacional en el marco de la imposicion de sanciones a causa del incumplimiento de medidas sanitarias durante el covid - 19

Abstract

In the first place, it should be noted that through this research article it is intended to determine if the sanctions imposed by the National Police on the occasion of the alleged breach of the regulations issued during the pandemic, the content of which established instructions and sanitary measures aimed at mitigating the effects of the covid and prevent the spread of this disease, are arbitrary or, on the contrary, are proportional to the actions of the citizen, taking into account the exceptions provided for in Decree 457 of 2020. Therefore, the first chapter focuses on the legal analysis of the regulatory provisions issued within the framework of the pandemic, among which are Decree 470 of 2020, Resolution 385 of 2020, Decree 417 of 2020, Decree 467 of 2020, Decree 1168, Decree 402 of 2020, Decree 412 of 2020, Decree 418 of March 2020, among others. It should be noted that the central axis of these regulations consisted of the implementation of mobility restriction measures, such as preventive and selective isolation and the closure of borders with countries such as Venezuela, Ecuador and Panama. The second chapter relates to the National Police Code implemented by Law 1801 of 2016 regarding non-compliance with the prohibitions issued during the pandemic through the Decrees mentioned above, for which, firstly, the work of the Police at the national level is analyzed. national and international, and later article 35 of this Code is analyzed, as well as the ignorance of the rights of citizens and the distrust that exists on the part of the community regarding this Institution. Finally, some cases that occurred in the Municipality of Chiquinquirá are identified, referring to the imposition of subpoenas on citizens for the alleged ignorance of Decree 457 of 2020 regarding mandatory preventive isolation, as well as Law 1801 of 2016, taking into account the exceptions to the restriction of mobility, established in article 3 of the aforementioned Decree.