¿Justicia material o eficientismo punitivista? Las dos caras de la reforma al sistema penal colombiano
This paper analyses -from a critical and historical focus- the recent reform of the penal system in Colombia adopted by the Bill 906 of 2004. The reform was presented to the public opinion as a deep transformation of the Colombian penal system that will soon guarantee high rates of efficiency, law r...
| Autor Principal: | GROSSO GARCÍA, MANUEL SALVADOR |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | spa |
| Publicado: |
Universidad Santo Tomás, Bogotá-Colombia
2016
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| Materias: | |
| Acceso en línea: |
http://revistas.usta.edu.co/index.php/iusta/article/view/2986 |
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| Sumario: |
This paper analyses -from a critical and historical focus- the recent reform of the penal system in Colombia adopted by the Bill 906 of 2004. The reform was presented to the public opinion as a deep transformation of the Colombian penal system that will soon guarantee high rates of efficiency, law rates of impunity, and the diminishment of criminality. This article questions this thesis. In the first place, this paper makes a critical study of the theorical and philosophical basements presented to justify the reform. In the second place, it contrasts the main theorical and philosophical basements with what was really approved, underlying the lacks and inconsistencies of the penal reform. Finally, it shows the implications that the new penal system will present in the Colombian legal order. It particularly insists on the fact that the society will not find in this reform a truly material justice, but on the contrary it foresees that the society will be submitted to the loss of judicial guarantees and the rights adopted in the Colombian Constitution. |
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