Static analysis of Ruling C-038 of 2020: a review of the basic conditions of due process in Colombia

Abstract

This article sets out the arguments built by the Constitutional Court when reviewing the public action of unconstitutionality filed against paragraph 1 of Article 8 of Law 1843 of 2017. The importance of identifying the argumentative structure of the Constitutional Court, allows understanding how the guiding assumptions of the fundamental right to due process are binding, when preventing the extension of solidarity in the payment of a pecuniary sanction derived from the use of photodetection cameras, jeopardizing the application of the principle of individual responsibility, imputation, typicality and due defense.