The draft legislative act 192 of 2012 and the constitutional development.

Abstract

It was in 1993, when the crisis of the Military Criminal Justice began to take shape, when in obedience to the recommendations of the Inter-American Court of Human Rights, the figures of the military defender, the Military Criminal Prosecutor and the juries of conscience that made up the so-called courts martial were declared unconstitutional, through judgments C-592 of 1993 and C-141 of 1995. As a result, an absurd conclusion was reached at that time, based on the denial of the right to a military defense. absurd conclusion based on the denial of the principle of good faith, according to which military courts or tribunals that the military courts or tribunals referred to in Article 221 of our Political Constitution could not 221, could not be made up of military personnel, because their members, as members of the military because their members, as active members of the Public Force, were vested with the power to of the Public Force, were vested with a sense of authority and obedience incompatible with their obedience incompatible with the office of administering justice.