La paz en el espejo del constitucionalismo colombiano: la promesa incómoda de la Constituyente de 1991 y su resignificación en el constitucionalismo de la transición

Abstract

Peace is a right and a duty of obligatory compliance with the literal wording of Article 22 of the 1991 Political Constitution. Its arrival in Colombian constitutionalism is commonly presented as a rupture resulting from a national scenario of consensus and generalized clamor for peace in the early 1990s. However, although the right to peace was included for the first time as a right in the 1991 Constitution, peace as a constitutional value has been present as a quest in the history of Colombian constitutionalism and has been recurrently appealed to in moments of constitutional change in which the law has reclaimed from violence its role as organizer and recuperator of the thread of time. The text presented here defends the central idea that the Colombian Constitutional Court re-signified the constituent history around peace in times of transition and the duty of memory around the 2016 Peace Agreement, choosing a romanticized and foundational version of the past that freezes in time other pasts, subjects and alternative visions of peace.