Inquiry of the truth, legislative rationality and legal process: about the rule of recognition in the colombian criminal process

Abstract

The rule of recognition stated in the final subsection of the 29th article of the Colombian Constitution as a guarantee of the fundamental rights system, is reflected in the new regulation of the Criminal Procedure Statute (Ley 906 de 2004), in which it is established that all evidence obtained through violation of fundamental rights shall be considered illegal without any judicial intervention, however some exceptions are included in the same Statute producing, an erosion of the guarantees of the fundamental rights, and in consequence, an example of legislative irrationality.