Examinando por Materia "Constitutional court"

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    Ítem
    Estado de Cosas Inconstitucional (ECI), unidad de la jurisdicción y acceso a la justicia de las personas privadas de la libertad en Colombia
    (Universidad EAFIT, 2021) Martínez Castrillón, Samuel David; Cano Blandón, Luisa Fernanda
    This research pretends to, examine the role of the judges, when they decide cases related to a topic in which there has been a declaration of an unconstitutional state of affairs (in forward ECI) and the challenges that they have to articulate themselves with the orders given by the Constitutional Court of Colombian, in the follow up of an ECI. The study pretended by means of this investigation, it is rooted in the declaration of the ECI, generated by the massive and generalized violation of the fundamental rights of the persons deprived of their liberties, declared by de Constitutional Court by means of the judgments T-388 de 2013 and T-762 de 2015. The investigation will be center in the judgment Auto 548 de 2017, (Speaker Magistrate Gloria Stella Ortiz), in which the special court room, following the penitentiary ECI, resolved the petition made by a judge that, in face of the complexity of the case, decided taken into consideration the existence of the ECI, send it to the special court room, before mention. examine the role of the judge and the decisions he should reach in order to generate a harmonic collaboration with the authorities, to lead its actions, to the overcome of the crisis in the Colombian penitentiary system. The argument defended by this investigation, is that the existence of an ECI, does not denied the individuality of the infringement of the rights, which it is the justification the possibility to seek the action for the protection of fundamental constitutional rights, instead of the fallow up by the Constitutional Court in this topic.
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    Ítem
    Mirada sobre el estado de cosas inconstitucional en el sistema penitenciario y carcelario colombiano : avances o retrocesos que ha generado su declaratoria
    (Universidad EAFIT, 2021) Barrera Betancur, María Camila; Serna Naranjo, Sebastián
    The purpose of this degree paper is to analyze if the unconstitutional state of affairs declared by the Constitutional Court due to the prison and penitentiary crisis has been truly satisfactory or not for the process of overcoming the problem. In the first part, a brief review will be made of the meaning of punishment in doctrine, contrasted with what constitutional jurisprudence in Colombia has developed. The second part will contextualize the figure of the unconstitutional state of affairs in the matter, together with a detailed study of the Court's decisions regarding the crisis in prisons. After this, the effects of the declaration will be analyzed and finally it will be concluded with the Court decisions.