La detención preventiva en Colombia: Tensiones entre fines constitucionales y derechos fundamentales

Abstract

: This article analyses how in Colombia, the implementation of the procedural institution of pre-trial detention constrains the fundamental right of freedom in pursuit of satisfying admissible constitutional ends, which causes tension between those. Therefore, as a solution to this conflict, the jurisprudence of the Colombian Constitutional Court will be resorted —sentence C 469 of 2016— that develops the proportionality principle. It is concluded that the constitutional end of protection to the victim and the community is the only one that could be considered valid to impose the measure, because it protects concrete goods, and generates a true collision between fundamental rights.