Evolución constitucional y legal del principio de la presunción de inocencia en materia procesal penal en Colombia

Abstract

This work analyzes the constitutional development and the legal limits of the criminal procedure in Colombia in relation to the principle of the presumption of innocence. Methodologically, it is a hermeneutical exercise, focused on the review of constitutional documentary sources, academic texts, background and research related to the categories of the principle of presumption of innocence, the contradiction of substantial and procedural law and, the jurisprudential ambiguity on this issue. It was possible to verify the existence of a constitutional development in symbolic-formal terms of recognition of rights and guarantees from due process, but that, in material reality due to certain legal mandates, such principle, general and superior is limited within the process criminal, whenever, the person: indicted, imputed or accused, facing the coercive power of the State (police, judicial investigator, Attorney General's Office, Attorney General, INPEC), among others, is treated in reverse, under the principles of general interest such as judicial security. A treatment of convicted, violation related to Human Rights and procedural guarantees.