Abstract

DURAN MANTILLA, Juan Guillermo; SANDOVAL MESA, Jaime Alberto  and  MORENO DURAN, Álvaro Hernán. ENFORCED DISAPPEARANCE IN THE CONTEXT OF JUDICIALIZATION AND REPARATION OF SUPERIOR VALUES FROM MICHAEL SANDEL'S ETHICS OF JUSTICE. Novum Jus [online]. 2021, vol.15, n.2, pp.177-197.  Epub July 23, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.2.7.

In the context of the armed conflict in Colombia, multiple human rights violations have occurred, which have determined the prosecution of the most serious international conducts, including enforced disappearance. From this paper's approach, in the text of Michael Sandel, entitled Justice: Do we do what we must?, beyond the legal and criminal policy problems that the fact embodies, an ethical reflection on the problem will be made, without ceasing to confront its legal requirements. This article is a philosophical analysis on the values and protection duties of the citizen that affect and compromise the work of the State in the prosecution and repression of the crime of enforced disappearance, based on the elements of production of the conduct. To this end, an analytical hermeneutic research of descriptive and propositive type is carried out.

Keywords : enforced disappearance; judicial protection; freedom; human dignity; judicial prosecution.

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