La constitucionalidad de las prebendas legales en el ámbito de la violencia sexual contra niños y adolescentes

Abstract

The State model that is now emerging represents a paradigm marked by the constitutionalization of law, which is why multiple legal norms come into conflict when analyzing specific cases; in this context, principles become the modulators of law and there is room for the use of jurisprudential analysis and deliberation, which take on greater strength to carry out hermeneutical exercises. An example of this is presented in the area of sexual violence against adolescents and children, which, thanks to article 199, number 7 of Law 1098 of 2006, limits sentence reduction to those who admit charges or accept pleas with the Prosecutor’s Office. Therefore, with the help of Guastini’s proposal, this work shows how interpretation can help to understand this legal text, to verify if it helps or not to protect the rights of juvenile victims of sexual violence.