Una Reflexión sobre la Pena de Muerte, Estado Social de Derecho y Populismo Punitivo en Colombia

Abstract

The purpose of this article is to make a succinct reflection on the Death Penalty, its constitutional and legal background from 1819 until the entry into force of the 1991 constitution, as well as the international commitment related to the abolition of the death penalty; in the same way, analyze how the Social Rule of Law becomes a fundamental factor for the development of society; finally, to present some considerations related to Punitive Populism, as a method of obtaining political returns. To fulfill these objectives, the following approaches are used: the description of the constitutional and legal regulations that implemented the death penalty in Colombia, how the transition from a state-centered constitution to an anthropocentric one that determines the social rule of law aimed to strengthen human dignity, to worth asking whether it is possible under these parameters to establish capital punishment in the country. On the other hand, Punitive Populism, as a doctrine aimed at defending the interests and aspirations of the people, has only become a way of moving masses and obtaining political returns; how convenient is this practice for today's society