Objective:

This research analyzes political crime with a view to the benefit of amnesties and pardons. The scheme developed in order to accomplish this purpose was as follows: (i) identification of direct political crimes, (ii) study of the possibilities of related political crimes, and (iii) conventional prohibitions on political crimes.

Method:

This research is descriptive and reflective, epistemologically based on the hermeneutic paradigm, since its purpose is to analyze, identify and interpret the phenomenon under study. Likewise, it is of a legal nature and a qualitative approach is used, to the extent that an analysis of the political crime is carried out with a view to the benefit of amnesties and pardons. The design of the research is documentary, taking into account that this analysis will be carried out from some institutional reports and from the sources of law in Colombia (law, doctrine and jurisprudence) to establish the current state of its configuration in the domestic order, to finally resort to legal inputs (legal, doctrinal and jurisprudential) of international systems. All this through a study of resources or documentary sources.

Results and conclusions:

Specifically, the parameters established by the control of conventionality of the Inter-American System were identified that serve to delimit the punishable conducts that can be considered as related political crimes, and consequently are susceptible to amnesties and pardons. One of the main conclusions is that the States, when signing the Pact of San José de Costa Rica, have the duty to investigate, prosecute and punish serious human rights violations.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )