Examinando por Materia "Ley antimafia"

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    Ley antimafia en Colombia : condiciones para su implementación legítima entre la eficacia y las garantías constitucionales
    (Universidad EAFIT, 2025-11-06) Parra Heredia, Héctor Andrés; Zuluaga Mora, José Miguel; García Jaramillo, Leonardo
    This study examines the feasibility of implementing a specialized anti-mafia law in Colombia to address organized crime in a more structural and effective manner. Using a qualitative approach that combines documentary analysis, a comparative study of international models, and interviews with judicial officers, the research evaluates the need for, viability of, and conditions for the legitimate implementation of such a law. Analysis of the Colombian context reveals that criminal organizations exert forms of territorial control that extend beyond the commission of individual crimes, creating "counter-institutions" that compete with state authority. The current legal framework presents significant structural limitations, including a dispersion of criminal law tools, problems with inter-institutional coordination, and a predominantly punitive approach that neglects the economic dimension of organized crime. International evidence provides valuable lessons. The Italian and American experiences demonstrate that well-designed anti-mafia legislation can generate measurable impacts on the territorial control and operational capacity of criminal organizations. However, the evidence also warns of significant risks: discriminatory application, uncontrolled expansion of exceptional measures, and significant systemic costs for the justice system. The concept of enemy criminal law provides a conceptual framework for understanding the possibilities and risks of exceptional measures against organized crime. The conclusion is nuanced: an anti-mafia law could be relevant for Colombia if it is designed and implemented under specific conditions that balance operational effectiveness with the preservation of fundamental constitutional guarantees. Recommendations include phased implementation, targeted territorial pilot programs, priority institutional investment, independent oversight mechanisms, and integration with a comprehensive prevention strategy and institutional strengthening. Ultimately, organized crime is combated with better institutions, not worse laws. An anti-mafia law will only be relevant if it builds robust institutional capacities, generates demonstrable impacts, maintains its exceptional nature, and rigorously preserves the constitutional guarantees that underpin the democratic legitimacy of the justice system.