Abstract

GOMEZ JARAMILLO, Alejandro  and  TINOCO ORDONEZ, Pamela. Transfer for Protection, a Euphemism to Neutralize Repulsive and Dangerous People. Novum Jus [online]. 2023, vol.17, n.3, pp.374-400.  Epub Mar 16, 2024. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.3.13.

The transfer for protection has become a controversial figure in the Colombian legal system, since it was created with the purpose of ensuring the safety and well-being of people in risk situations, but in practice it has been used as a euphemism to cover up abusive behavior by the authorities. Article 155 of the Colombian Police Code regulates this procedure, which has been the subject of several pronouncements by the Constitutional Court. It thus functions as a means of promoting and concealing a measure that, despite its stated aims, violates the rights of certain groups that have been stigmatized and excluded, either because their appearance is ugly or repulsive in the eyes of others, or because they are seen as lazy and needy (repulsive), or as potential criminals, akin to transgression, non-conformity, or disruption (dangerous). Through the use of analytical, historical and dialectical methods, the socio-legal panorama of the implementation of the transfer for protection against excluded population sectors, which have been affronted by the penal norm, has been examined. The aim is to show the true image of a standard with different versions, but with the common idea of maintaining a long trajectory of social abuse.

Keywords : National Police Code (Colombia); protective transfer; restriction of liberty; citizenship; security.

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