La constitucionalización transitoria del derecho

After a long and painful armed conflict, the Colombian State signed a Peace Agreement with the oldest guerrilla in the continent. This historic step required incorporation into the Constitution of those aspects that make the compliance of the agreement feasible and of others that seek to endow it with permanence and prevalence.

In 2017, thirty-one transitory articles were incorporated into the Constitution, as well as four transitory paragraphs, and four ordinary provisions were modified. Elements were added to guarantee the rights of the victims of the conflict and to provide stability to the essential elements of the agreement, suggesting the existence of a Constitution for the transition.

The purpose of this document is to account for the legal elements that support the constitutional proposal for the transition and to determine those elements that, supposedly transitory, will permanently influence the legal system.