Punitive Populism in Colombia: an approximation to the legislative policy of the recent reforms of the sexual offenses

Abstract

This paper inquires if it is possible to talk about a populist use of the penal law in Colombia and its impact to the principles proclaimed in our Constitution. For that purpose fi ve laws referred to liberty, formation and sexual integrity were selected. Based on these laws and also considering data related to Colombian reality, an analysis of the three beliefs that lead politicians to use penal law in a populist way is proposed. Such beliefs are: a) Increased punishments can reduce crime, b) punishments reinforce society´s moral consensus, and c) electoral gains are a product of populism.