¿La delegación permanente de funciones jurisdiccionales a las superintendencias colombianas vulnera los derechos humanos?

Abstract

This article studies the phenomenon of the delegation of jurisdictional functions to the Colombian superintendencies and the possible transgression that this may have in terms of human rights, since judicial independence could be compromised as an essential value of the concept of justice. To do this, the institution of the separation of powers is analyzed, as well as the legal process that Colombia lived to separate these functions from the judicial branch. In sum, this phenomenon is examined in light of the control of conventionality that the judges must do in compliance with international human rights treaties. The conclusion of this study is that the delegation of jurisdictional functions in the Colombian superintendencies violates the fundamental and human right to be tried by an independent judicial operator.