Recompensas: una incongruencia de orden filosófico social y jurídico, en un estado social de derecho como el que se predica en Colombia
The present work of research has a focus from the democratic security linked to the issue of rewards and payment of allowances to demobilized persons. Refer to it in a framework of national rewards whose purpose motivates delivery complaint or to nationals, which implies a tension of being negative...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2012
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5167639 |
| Source: | Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 5, Nº. 5, 2012, pags. 241-265 |
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| Summary: |
The present work of research has a focus from the democratic security linked to the issue
of rewards and payment of allowances to demobilized persons. Refer to it in a framework of
national rewards whose purpose motivates delivery complaint or to nationals, which implies
a tension of being negative within a Social State of right or a duty of the State to protect
society, the scourge of drug trafficking, common crime, organized crime, for so to speak.
In other words, is that the application of the reward involves one inconsistency of social
and legal, philosophical in a Social State of law as which preaches is in Colombia, despite
the constitutional principles consecrated postulates of a participatory democracy, where the
individual must go to court in compliance with the procedural guarantees and respect for their
human dignity, and refuse be an object that has a value of reward to the administration of
Justice, in the pursuit of such incentives lead to mistakes that violate due process. This allows
to draw an objective general in determining to what extent the rewards are incongruous with
the Social State of law, in particular with the Colombian, from a perspective of philosophical,
legal, and social; and what are the scopes of this in terms of the economic stimulus, political
guarantee or security by the Estado. Para compliance with the foregoing has specific objectives
in the following order: - establish the legal, doctrinal and jurisprudential framework in which
the Social rule of law moves to implement the policy of rewards.-unify in the same context the
national and international jurisprudential perspective concerning the law of rewards.-determine
until point figure of the reward is negative applicability in a social State of law, in particular in the Colombian. Finally say that their study includes insight from how legal constitutional in a
context of national and international doctrine and jurisprudence. |
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