Constitucionalidad de las prohibiciones de beneficios y subrogados penales contenidas en el artículo 199 del código de la infancia y la adolescencia en Colombia

Abstract

The present work constitutionality of the prohibitions of criminal benefits and subrogates contained in article 199 of the Code for Children and Adolescents in Colombia, object of this investigation, has like purpose to approach the prohibitions of benefits and penal subrogated in the law of Childhood and adolescence (law 1098 of 2006) from the perspective of its in-constitutionality. Fair, the criminal inflationism and the overload of the Colombian penal system with prohibitions beyond the substantial and procedural ordinary norms, is a characteristic of the penal legislation. Therefore, it will always be appropriate to do research on this legislative problem that generates a state of unconstitutional things when applied to our reality. The Constitutionality of the prohibitions of administrative benefits and subrogations penal contained in the article 199 of the law 1098 of the 2006, was established by the Constitutional Court by means of the sentence C-738 of 2008, making use of the test of constitutionality based on the freedom of configuration legislative clearly indicating that its unconstitutionality would result if it were disproportionate, unreasonable or contrary to the institution itself (in that case the principle of opportunity). From the structure of the work are developed the chapters aimed at establishing a state of the art from the constitutionalism, the guarantee and the criminal policy, to demonstrate that although the exequibilidad of the article 199 of the Code for Children and Adolescents has been declared, the norm It has become ineffective, since sexual crimes against minors continue to increase. Thus, such legislation is disproportionate to the legitimate end of child protection in Colombia through criminal law.