El interés superior del menor en el marco de la Jurisdicción Especial para la Paz: Análisis de la sentencia C-080 de 15 de agosto de 2018

Abstract

Through the Judgment, the Constitutional Court makes a prior and automatic analysis of the Draft Statutory Law number 08 of 2017 Senate, 016 of 2017 Chamber, «Statutory of the Administration of Justice in the Special Jurisdiction for Peace». This decision declares the non-eligibility of several articles, among which is 146, which established that the sanctions referred to in Title IX of the Bill were not applicable to those who had committed any type of sexual offense against children and adolescents, because such offenders had to apply the sanctions contemplated in Law 599 of 2000 and without any benefit. The foregoing led, at least in principle, to the Court making a weighting judgment between the best interests of the minor —materialized, among others, in the prevalence of the rights of children contemplated in article 44 of the Political Constitution— and the rights to the truth, justice, reparation and non-repetition of the integral system that, in favor of peace, legitimize the regime of a nascent transitional justice to be, paradoxically, winners of the latter.