La privación de la libertad como sanción jurídica: análisis genealógico y justificaciones teóricas al ius puniendi.

Abstract

The philosophical-legal research work "The Deprivation of Liberty as a Legal Sanction: Genealogical Analysis and Theoretical Justifications of the Ius Puniendi" focuses on the analysis of the justification of the penalty of deprivation of liberty as the main legal and criminal consequence in the Colombian legal system from a philosophical and legal perspective. Initially, a genealogical analysis of the institution of deprivation of liberty as a legal sanction is carried out, reviewing its historical origins from mythical times to the present day. The various purposes and notions attributed to this sanction throughout the study are identified, as well as the main changes it has undergone in its application over time. Subsequently, the theories that underpin the ius puniendi are reviewed, highlighting those that justify the right to punish from the principialistic conception, addressing principles such as legality, proportionality, purpose, equality, and humanity, examining how these criteria seek to legitimize and shape the punishment established by the State through criminal law. Finally, a synthetic analysis will be conducted on the penalty of deprivation of liberty as a legal consequence in relation to its temporal evolution, which has established it as the quintessential solution to crimes, and how this is strengthened by the justifying topics of the ius puniendi based on principles.