Fenómeno de la corrupción en magistrados de las altas cortes de la República de Colombia. Necesidad de una administración de justicia transparente y confiable

Abstract

Corruption is a phenomenon that has succeeded in permeating the different branches of public power, as far as this work is concerned reference will be made to the incidence of this phenomenon in the judicial branch, specifically in Magistrates of the High Courts of Colombia, mentioning the notorious cases of Magistrates as: Jorge Ignacio Pretelt Chaljub, José Leonidas Bustos, Gustavo Enrique Malo Fernández, Francisco Javier Ricaurte Gómez and Camilo Humberto Tarquino Gallego, in order to determine the commission of criminal conduct associated with corruption and to examine cases of criminalization of such offences by High Court Judges. On the other hand, the analysis of the incidence of white collar theory developed by Sutherland, with the cases of former magistrates mentioned above, finding as a result that this theory fits perfectly in the cases of corruption that are mentioned in the development of this work. Little is known about the detection and criminalization of criminal conduct associated with corruption and much is published about the so called "rigged judgements" of judges of the High Courts, This blurs the social function of the administration of justice, causing social and economic effects that undermine the confidence of citizens who perceive a lack of transparency in the work of the judiciary. It was established that the low statistics of detection and criminalization of this type of criminal conduct are largely due , due to what little is known about detection and criminalization of criminal conduct associated with corruption and much is published about what are called "rigged judgements" and judges who have access to and use of privileged information handled by magistrates and who place them at the service of persons and entities that are toxic to society, leaving between that the legitimation of the State and contributing to what is known as the failed function of the State.