Garantía Fundamental del Debido Proceso en Colombia: Un Abordaje a la Luz del Derecho Internacional de los Derechos Humanos, los Principios Constitucionales y Penales

Abstract

Within the framework of contemporary constitutionalism, due process has become one of the essential guarantees to curb state power and genuinely protect human rights. It isn’t just about formally organizing procedures; it also involves a set of substantive requirements aimed at ensuring that any state action affecting fundamental rights is properly justified, reasonable, and respects people's dignity (Ferrajoli, 2011; Fix-Zamudio, 2004). From the perspective of criminal law, this safeguard becomes even more important, since the power of ius puniendi represents one of the strongest expressions of state power. From a guarantee-based viewpoint, the legitimacy of the criminal system within a constitutional state largely depends on the strict respect of certain legal limits and fundamental values. These limits are what prevent arbitrary decisions and ensure that any sanction is imposed through fair, rational procedures that respect fundamental rights (Ferrajoli, 2011; Zaffaroni et al., 2019). In line with the above, due process cannot be reduced to a simple set of procedural rules. Rather, it should be understood as a complex guarantee that integrates both a formal and a substantive dimension. This idea has been widely developed by scholars and by constitutional and international courts, which have pointed out that it is not enough to follow the forms of the procedure if the State's decisions do not meet minimum standards of substantive justice, impartiality, and proportionality (Fix-Zamudio, 2004; Inter-American Court of Human Rights [IACHR], 2004).