Tensiones en la aplicabilidad del art. 33 del Código Nacional de Seguridad y Convivencia Ciudadana: un análisis a partir de la Sentencia C-308 de 2019

Abstract

This research article presents the sub-rules issued by the Constitutional Court in Sentence C-308 of 2019 and which are the result of the tensions created by article 33 of the National Code of Citizen Security and Coexistence, which gave the Police exceptional powers to enter the people's domicile in order to deactivate the noise source, which represented a contradiction with the rights to the inviolability of the home, due process and privacy. This is why the Constitutional Court ruled and established that this action is unconstitutional when it is executed without counting on the individual rights of the people who live inside the house and who are protected by the Constitution and the Law. Its ruling, the Constitutional Court, sought to save the tensions that were created in human rights by ruling a series of sub-rules that must be taken into account when executing this type of operations, determining that the police action must in any case guarantee the rights of the citizen