Supremacía constitucional: la vulneración de los derechos y deberes constitucionales en el marco del poder, función y actividad de policía en Colombia

Abstract

At present, the social state of law ensures to the Colombian population to be a democratic, participatory and pluralistic society, within which the nature of the political, economic and social regime is defined, within a framework of prevailing values and principles, sustained in the principle of human dignity, supreme and final table that serves to determine the belonging of the norms to the legal order and its validity, this rootedness of superiority is guaranteed by the principle of constitutional supremacy, that in the state purpose its main function is to ensure The protection and integrity of the constitution, thus avoiding any rule of lower rank is contrary to it. In spite of the above, there are legal provisions that go against this supreme framework recognized in the political charter of 1991, one of them is the law 1801 of 2016, national code of police and coexistence, which is studied in this investigation In order to identify the aspects in which it is unconstitutional because it is in contraposition of duties and constitutional rights, based on the pronouncements of the constitutional court as the maximum corporation in charge of safeguarding the constitution, arriving at a comprehensive analysis and raising some criticism And exits to certain decisions with which we do not agree taking into account the constitutional precedents regarding each aspect identified as unconstitutional such as, reservation of statutory law, right to work, due process, right to equality, legal security among others.