Alcances de los nuevos conceptos de familia y violencia intrafamiliar

Abstract

This article is based on the analysis of the jurisprudence of the Constitutional Court and the Supreme Court of justice on the new concepts of family and the applicability of intrafamily violence, which the High Courts do, respectively. In this sense, it is appropriate to explain the development of the concept of family in Colombia, starting with a theoretical review about it, which has not been peaceful, because there are divergences in the applicability and scope of this notion. Likewise, the different types of family and intrafamily violence are reviewed from what is outlined in article 42 of the Political Constitution and the way in which the Constitutional Court, through sentences of cassation and guardianship, transcends the restricted concept of family to a broader one, in which legally it is feasible to frame the crime of intrafamily violence, since in these social or legal typologies, what prevails is harmony and common well-being. In this way, it can be anticipated that the offense of intrafamily violence is applicable to all types of families, provided that such conduct is harmful to the family unit, after assessing the facts and their consequences for peaceful coexistence.