Abstract

PEREZ-FUENTES, Carlos Alfredo; ARENAS-JAIMES, Patria; VEGA-ARDILA, Luz Marina  and  CAMACHO-CASTILLA, Jesús Alberto. Jurisprudential Analysis of the Guarantees of the Victims of the Armed Conflict's Rights by Criminal Bands in Colombia. Estud. Socio-Juríd [online]. 2019, vol.21, n.2, pp.167-196. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.7431.

The purpose of this research article is to present the results of a jurisprudential analysis carried out to demonstrate the current state of the guarantee of the rights of the victims of the armed conflict by criminal bands in Colombia. This study developed under a qualitative approach and a hermeneutical method aimed at understanding the meaning of the written structures of the sentences by matrices and jurisprudential analyses. As results, it is possible to observe that the jurisprudential evolution obeys to a sociohistorical development related to the search of the rights of the victims. According to the above, the following categories appeared: understanding of the armed conflict in a narrow and broad sense; the victim and its recognition before unidentified groups or criminal bands and finally, the fundamental victims' right to be included in the Victims Registry (RUV). The conclusion is that the victims of the armed conflict have had a favorable jurisprudential evolution to their rights, although there are several points to be addressed that prevent their effective guarantee.

Keywords : Human rights; victims; criminal gangs; armed conflict; jurisprudence.

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