La naturaleza y función constitucional de la policía nacional en Colombia. la protección de los derechos y el mantenimiento de la paz

Abstract

In this PhD thesis a constitutional analysis of the Colombian National Police is made from the elements that make up this institution, which allow untying the constitutional setup of the National Police in the Colombian legal system. For this purpose, five configuring elements from the police institution areidentified and analyzed: its structure as an institution to guarantee the rights and freedoms of individuals; its civilian nature objects; its general function to protect, promote, respect and guarantee the rights and freedoms of individuals; the use of force and firearms in their performance and limits. This is done based on a constitutional methodology of the study and analysis of the police institution since the Constitution of 1991, based on case law guidelines of the Colombian Constitutional Court and the Inter-American Court of Human Rights and international agreements and especially the American Convention on Human Rights, allowing to build the constitutional referent needed for reviewing the consistency of the regulations. Thus, the doctoral thesis is structured in four chapters. In the first and second chapter referred to as the National Police History in Colombia and the Formation of the National Police in the National Constituent Assembly, the history of the police force are built, analyzing the social and political context in which the National Police evolved and the main discussions stocked within the National Constituent Assembly when drafting the 1991 Constitution. In the third chapter called Constitutional Configuration of the Nature and Function of the National Police in the Constitution of Colombia 1991, It is built the constitutional referent that finally will be parameter of analysis of the regulations, which is evident in the fourth chapter referred to as the law of development about the nature and role of the National Police.

Date of Award	19 Jan 2015
Original language	Spanish
Supervisor	Jose Carlos Remotti Carbonell (Director)