Efectos jurídicos generados por el feminicidio y sus factores adversos para la sociedad dentro de la perspectiva del derecho penal colombiano

Abstract

Given that in Colombia, the Rosa Elvira Cely law (1761 of 2015), had clear intentions to strengthen the position of the Colombian State, through Criminal Law, as one of the branches of law that strongly opposes violence against women, qualifying it as a result of the discrimination against it, in a subordinate and vulnerable position within power relations, and since its main purpose, which is to eliminate all forms of violence against women, has not been achieved; and on the contrary, what happened was that only homicides towards them became statistically more visible and, due to the sensationalism of the media, a punitive populism was introduced that generated new criminal laws for things that are already there but with another name, to create the illusion of protection; and questions were raised from the academy, such as: Could it be said that men suffer unequal treatment under Colombian law? What happens when a man is attacked by his wife, who considered him his property? Why is not it a case of gender violence? Or what about the thousands of soldiers who die in the war? Would they have been saved from the battlefield of being born as women? Are their deaths not attributable to their gender status? So if certain aggravations are already created because of femicide? Is a woman's life worth more than that of a man or any human being? Is it not redundant to murder, another type of crime that violates the most important protected legal asset such as life? If there is already a basic crime that is homicide, it was not necessary to name a new crime because this type is unjust, it was already foreseen in the law in the aggravating circumstances. But now, while it is true that the protection of women by the state is important, since it seeks to eliminate the indices of discrimination, mistreatment and subordination on the basis of gender against them, when creating the law, it was left aside the higher order, for that reason if constitutionally we are equal before the law, why create criminal types for gender issues. All of the above led us to answer why, from the academy, from the classrooms of law, and in part of society, there is some mistrust of why feminicide as an autonomous criminal type and not as an aggravating circumstance, and we are on our way to develop the subject of study of this monograph: LEGAL EFFECTS GENERATED BY FEMINICIDE AND ADVERSE FACTORS FOR SOCIETY WITHIN THE PERSPECTIVE OF COLOMBIAN CRIMINAL LAW.