Abstract

MOLINARES HASSAN, Viridiana. Constitutional Justice: Cases of Protection of Freedom and Personal security in Colombia. Estud. Socio-Juríd [online]. 2014, vol.16, n.2, pp.89-126. ISSN 0124-0579.  https://doi.org/10.12804/esj16.02.2014.03.

In this paper we present the results of an investigation about judicial protection of freedom and personal security granted by the Constitutional Court (CC) of Colombia, with a comparative analysis between the period 1992-2001, to which governments have appointed period of postconstitucionales, which coincides with the issuance of the 1991 Constitution, and the creation of constitutional jurisdiction, and the period 2002-2010, during which it ran the Democratic Security Policy (DSP) as a government policy proposal by former president Álvaro Uribe, whose aim was to achieve peace through the declaration of war to the guerrilla group Revolutionary Armed Forces of Colombia (FARC). Our interest is to show that the protection of freedom and personal security as the basis of the Constitutional (ec) finds in the cc his greatest guarantor, even against closing courts in other jurisdictions that are still rooted in the failed legal positivist paradigm, ignoring the postulates of neoconstitutionalism dc sufficiently developed from a process of creative interpretation and decision-making. This coupled with the importance for the branches of power and knowledge associated scope of freedom and personal security developed by the cc in the difficult context of irregular warfare that exists in Colombia, yet it is, for universal constitutionalism, an example of the development of legal guarantor in the context of current constitutionalism.

Keywords : freedom and security; justice constitutional guarantees; constitutional state.

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