El estado constitucional colombiano y la implementación de la justicia transicional desde una perspectiva internacional

Abstract

As the Colombian State has been proclaimed as a Constitutional Law state since the publication of its main constitutional document of the year 1991, it acquired a serie of International Responsibilities that were incorporated to the internal Law sector through the set of constitutionality, the set must be fullfilled completely if the country doesn´t want to be immersed in an international responsibility by action or omission in which it incurred and caused an unlawful charge to a certain person, that's known as a damage, and automotically it has to be compansated. That is why in Transitional Justice processes, the victims Rights can not be ignored and also if they have been set to and have been recognized under international law, in international instruments and also in the jurisprudential development of supranational tribunals such as the International Criminal Court and the Inter-American Court of Human Rights, which means that Colombia has a number of parameters to observe and in case of a breach of these obligations, the international organizations competence may be activated. Therefore, it is pertinent to point out that through the control of conventionality, both ways, concentrated and diffuse, would be one of the alternatives and protection mechanisms with which the victims of the Colombian armed conflict count in case that the State does not guarantee their Rights. This mechanism proceeds, even against the finalagreement, even though this has been constitutionalised with its inclusion in the set of constitutionality and also against all the actions that are deployed by the SJP (Special Justice for Peace) or by its acronym in Spanish JEP.