Abstract
The drug use has been treated in most of the world from a democratic aspect, having as a challenge the participation of citizens in making decisions or the contemplation of this topic by the current legislation. But Colombia has been the exception due to the permissiveness and restriction of the drug use that has been developed through the judicial channel. The Constitutional Court, on the occasion of its statements, is the one that has changed the treatment about the use and the ones who use it.
Highlights
In most of the democracies in the world, the legislative law (Congress or Parliament) has decided about the regulation the use of psychotropic substances has
Over the last years in Latin America, it has been implemented all kind of policies to confront the problem of using illicit drugs, having as basic pillars the depenalization or the user decriminalization and the harm reduction policy, that consists of a strategy to take the drug use as a public health issue where the dependent person is seen not as a criminalized or punished person but one that need to be assisted, instead (Latin American Commission on Drugs and Democracy, 2009)
That is the reason why it was proposed as a general objective for this research, to determine whether the judicial intervention in the use of psychotropic substances in Latin America is a challenge to the democracy or whether, instead, the constitutional organ is empowered to intervene in this debate
Summary
In most of the democracies in the world, the legislative law (Congress or Parliament) has decided about the regulation the use of psychotropic substances has. The consumption of psychotropic substances in Latin America in the beginning had a treatment in a punitive and prohibitionist approach that has been materialized through the different national legislations that eventually has been changing to depenalization approach of the personal dose In any case, it has always been the Congress, as the highest people’s representative, who has made the decision to confront this serious social issue. That is the reason why it was proposed as a general objective for this research, to determine whether the judicial intervention in the use of psychotropic substances in Latin America is a challenge to the democracy or whether, instead, the constitutional organ is empowered to intervene in this debate. It will be developed some important aspects as the experiences other countries in the world has had in the treatment of drug use and their attempts to legalized it in a democratic way, the legalization of the drug use in Urugay and the breakage of a paradigm in the Colombian case through the legalization by a judicial way
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