Dificultades en las competencias jurisdiccionales en materia de violencia intrafamiliar de las comisarías de familia

Abstract

The Family Commissariats, as administrative authorities exercise jurisdictional functions in domestic violence processes in accordance with the provisions of the Constitution and Law 575 of 2000; As a result of the granting of these functions, it is evident in practice that this exercise represents a problem in determining whether the development of the domestic violence process is in the area of the jurisdictional function or if, on the contrary, Within the administrative function that is proper to the administrative authorities. In addition, article 116 of the Political Constitution of Colombia presents a difficulty in the practice of Family Commissariats which, although it establishes that in the exercise of jurisdictional functions no offenses can be tried, it would seem that in the imposition of measures Of provisional protection and in the definitive ones, it will be judged the facts of violence.