La justicia como igualdad de oportunidades: ¿Posible en la política criminal en Colombia?
Criminal policy in Colombia is shaped by a permanent challenge and discussion, perhaps because of the spontaneous way in which governments address crime, prevention and intervention, among others. It is an issue that is constantly controversial due to various factors, among which is the fact that th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8982829 |
| Source: | Revista Jurídica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 14, Nº. 28, 2022, pags. 386-406 |
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| Summary: |
Criminal policy in Colombia is shaped by a permanent challenge and discussion, perhaps because of the spontaneous way in which governments address crime, prevention and intervention, among others. It is an issue that is constantly controversial due to various factors, among which is the fact that the State historically has not drawn clear and long-term actions, in addition to being led by institutions that lack political and administrative force, with the consequence of not achieving real solutions to the social problems associated with crime. Therefore, it is necessary to review and question the criminal policy of the country, from the theoretical proposal of the Justice of John Rawls, for whom the concept of justice, as a social virtue, is overcoming justice as impartiality and must therefore be understood as "equal opportunities". From this perspective, Rawls proposes a conceptual theoretical description of criminal policy in Colombia based on doctrine, jurisprudence, and the different documents that regulate or frame it, in an attempt to approach the purposes of the actions of the State with respect to the prevention of crime, and its entire punitive framework; in order to contribute to the discussion and make proposals around the alternative criminal, over-criminalization and punitive legitimacy. |
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