Abstract

HUERTAS DIAZ, Omar. The principle of legality in Colombia, its monopoly and possibilities of flexibility. Rev. logos cienc. tecnol. [online]. 2022, vol.14, n.1, pp.120-131.  Epub Dec 19, 2021. ISSN 2145-594X.  https://doi.org/10.22335/rlct.v14i1.1475.

The article aims to examine the principle of legality from a critical position, thus verifying whether it, examined in all its parts, can or cannot be applied through a homogeneous discourse and from the perspective of an authoritarian principle that governs in the entire criminal and criminal procedure system. Similarly, it analyzes the monopoly of the law, of criminal policy and seeks to determine whether strict or flexible legality is applied in Colombia. The work focuses on the principle of legality of crimes and penalties, which is known as the cornerstone of our penal system, as established by the Constitution, the Penal Code and the Procedural Code. Without ignoring that the principle of legality in criminal matters, is one of the greatest advances and achievements in the science of law, it is necessary to rethink whether this principle can, in fact, be conceived in contemporary times as it was originally projected. It is concluded that the current principle of legality applied in Colombia is flexible, although it does not eliminate its essential condition of being a state monopoly.

Keywords : Principle of legality; monopoly; strict legality; flexible legality.

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