Prohibitionist stories: an analysis of the specific proportionality of punishment of drug trafficking in Colombia actors during the XXI century

Abstract

This paper shows the analysis of 114 decisions of the Colombian Supreme Court respect to drug trafficking. The goal of this work is to calculate the concrete proportionality, seen by Ferrajoli as the length of time of the judicial sentences and how much of this time is effectively served by the convicted. The information obtained exhibits the average length (in months) of the sentence and the average amount of the fine (in terms of the Colombian minimum salary). The result of the investigation not only reaffirms the hypothesis about the disproportionality of the sentences related to drug trafficking, it also shows that the sentences than some marginal actors are receiving are higher than the ones who leaders receive. As a conclusion, a proposed reform of articles 375, 376, 377 and 384 of the penal code will be presented.