Los comandantes de las FARC-EP ante la JEP en el plano del derecho penal del enemigo
The objective proposed in this investigation, is to establish whether the ex- commanders of the FARC-EP alias "Iván Márquez", alias "Jesús Santrich" and alias "El Paisa" in the face of the distortions, changes and denaturalization suffered by the Special Justice for the...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8107352 |
| Source: | Revista Jurídica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 13, Nº. 26, 2021, pags. 301-317 |
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| Summary: |
The objective proposed in this investigation, is to establish whether the ex- commanders of the FARC-EP alias "Iván Márquez", alias "Jesús Santrich" and alias "El Paisa" in the face of the distortions, changes and denaturalization suffered by the Special Justice for the Peace, they have this Colombian restorative justice at the level of the enemy's criminal law, to explain their break with this comprehensive system. The methodology used was that of pure and basic legal research for the law, and the information gathering techniques were secondary since bibliographic records were made that allowed a content analysis of books, book chapters and scientific articles that were carried out, they condescend to establish the status of the discussion on the subject being investigated. We found that criminal law in Colombia is intended to classify violations of the law, which occur in a community like ours where marginality, misery and exclusion reign. This is the criminal law of the citizen; That is why when people rise up in arms against the State to solve social problems, political conflicts, fighting against hegemony and the oligarchy, which seeks to maintain political power, criminal law is used accusing it of being an enemy. of the regime, as has happened with the FARC-EP commanders, but at the same time it is used in favor of the classes integrated into the legal system, such as its lower-ranking ex-combatants; In this way, a two-sided criminal law works: an extraordinary one whose addressee is the enemy, for the case at hand, the commanders, and another ordinary one, applied to ex-combatants of the former guerrillas who joined the political party: the FARC. |
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