Abstract

VASQUEZ HINCAPIE, Daniel José  and  GIL-GARCIA, Luz Marina. CONSTITUTIONAL MODEL OF THE PUBLIC FORCE IN COLOMBIA. Prolegómenos [online]. 2017, vol.20, n.39, pp.139-162. ISSN 0121-182X.  https://doi.org/10.18359/prole.2728.

The public force is part of the constitutional structure of the State. This article is intended to address the constitutional model of this public organization from its general and particular characterization; for this purpose, there were reviewed, described and analyzed the constitutional and legal rules which govern it, as well as the relevant case law of the Constitutional Court in the matter. As a result, the similarities and differences between military forces and the national police became evident, as well as the factual and legal thresholds lapping, missionary tasks related to the use of force, and jurisprudential, administrative and legal measures aimed to preserve the constitutional model of this public organization. Research leads to the conclusion that the constituent modeled the public force and especially its mission, as an instrument to fulfill the purposes of the State, and mainly, to maintain the constitutional order and protect and ensure the rights and freedom of all residents in Colombia.

Keywords : Operating law; military forces; public force; National Police; due obedience; use of force.

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