Los principios de autonomía, independencia e imparcialidad en las decisiones jurídico penales en Colombia

Abstract

The present investigation studies the application of the principles of autonomy, independence, and impartiality of the actions of judicial officials in the criminal legal system in Colombia. In addition, the relevance of these principles is highlighted as a guarantee for all citizens defining the legal scope that must be contained in the decisions of the judges. For for this reason, the principles of autonomy, independence, and impartiality must protect the fundamental rights that are enshrined in our Political Constitution of 1991, and these must be guaranteed by the judges of the State, which are the highest authority in the judicial courts, without being influenced by exogenous circumstances or outside criminal procedure, as is punitive populism.

In accordance with the above, the present analysis will be carried out in three stages. Initially, we will develop the concepts and the effectiveness of the principles. Then, we will establish the theory of the professor and philosopher Josep Aguilo to give a parallel panorama between the investigation and his position on the topic, to finally propose what the role of punitive populism is in the judicial decisions in Colombia.