Browsing by Author "Maldonado Maldonado, Stwe Yesid"
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Item Análisis Jurisprudencial Sobre La Presunta Vulneración Del Derecho A La Inviolabilidad Del Domicilio De Las Personas Al Ingreso De Los Agentes De Policías Sin Orden Escrita Contemplado En El Código Nacional De Policía Y Convivencia -Ley 1801 De 2016-(Universidad Santiago de Cali, 2024) Maldonado Maldonado, Stwe YesidThis article addresses matters concerning the integrity of the residence and the means of police control, which aims to understand why the current State Police Law (Law No. 1801 of 2016) allows entry to residences without a written order. to the number of residents in the area. It is limited. According to articles 28 and 32 of the political constitution, it is harmful for police authorities to be empowered to enter a residence without taking into account the consent or refusal of the owner or occupant for the same reason. The above is based on a qualitative and legal methodology through a hermeneutic method, to interpret and analyze the constitutional right of the inviolability of the home and article 163 of law 1801 of 2016 to know its effects and determine the vulnerability between them. . Furthermore, this research proposal follows a deductive order, since it starts from the review of international legal standards to internal ones to know their scope of protection and be able to determine the moment of violation by the article. Likewise, this work will expose a series of arguments that have appeared since the application of this standard, and will delve into the theoretical knowledge that regulates and protects this mechanism, both nationally and internationally. Considering that international law allows, through the instruments of Colombian law, to determine the correctness of the aforementioned norm and give it an application that corresponds to the comprehensive visualization of the powers and functions that the State forces must perform in relation to the citizens.Item Análisis Jurisprudencial Sobre La Presunta Vulneración Del Derecho A La Inviolabilidad Del Domicilio De Las Personas Al Ingreso De Los Agentes De Policías Sin Orden Escrita Contemplado En El Código Nacional De Policía Y Convivencia -Ley 1801 De 2016-(Universidad Santiago de Cali, 2024) Maldonado Maldonado, Stwe Yesid; García Gómez, Jainer Enrique (Asesor)The right to the inviolability of the home in Colombia has its historical roots in Article 47 of the 1811 Constitution of Cundinamarca (inspired by the 1808 Bayonne Constitution), which established it as an inviolable refuge that could only be entered upon request for assistance or by court order. However, the subsequent Law 1801 of 2016 (National Police and Coexistence Code) has generated controversy, as its Article 163 allows police to enter homes without a court order only under the condition of assisting a person who has requested help or is at risk, with the requirement that management and the owner be informed, which does not eliminate the risk of exceeding their functions. The general objective of this document is to demonstrate how Article 163 of Law 1801 of 2016 violates the constitutional right to the inviolability of the home by allowing such entry without a written warrant. To this end, an analysis will be developed in three parts: a study of the constitutional right to the inviolability of the home, an analysis of the application of Article 163, and finally, a determination of the violation of the right.