TY - THES AU - RODRÍGUEZ DELGADO, MAURICIO ENRIQUE AU - Guillermo Escobar Roca (dir. tes.) AU - Roberto Viciano Pastor (pres.) AU - Encarnación Carmona Cuenca (secr.) AU - Omar Huertas Díaz (voc.) T1 - La suspensión de la libertad personal en los estados de conmoción interior en Colombia LA - spa PY - 2023/06/16/ PB - Universidad de Alcalá AB - The basis of the work arises from an investigative concern, which is the incidence of states of exception in Colombia on fundamental and human rights, since for many years in our country the State systematically ignored some of the rights of individuals, within the framework of the state of emergency, but with the advent and entry into force of the Charter of 1991, it became possible to radically change one's position vis-à-vis the other; thanks to the foundations established in the Constitution it was possible to begin to preach that the rights of the people are the beginning and the end of the State and that there is no sufficient reason to violate the guarantees and freedoms of the associates for the sake of an "institutionality" that, as has been seen in our history, was reason enough to deploy all kinds of limitations, restrictions and even suspensions of rights, even reaching their denial, for the sake of, it is insisted, a governability that threw overboard legality and therefore legitimacy. This paper specifically analyzes the state of internal commotion in Colombia and with the support of the Spanish state of exception, figures, conceptually and intimately related by their origins, their means and their ends. Similarly, a separate section studies fundamental and human rights in the Spanish and Colombian regimes, as well as restrictions, limitations or suspensions of the right to personal liberty. Ultimately, an attempt is made to demonstrate that the suspension of personal liberty in the Colombian system of the state of commotion is only possible in the criminal and contraventional sphere, citing as a basis the Spanish model that has covered with guarantees the eventual suspension of liberty and in which any restriction on personal freedom, Especially the suspension of this, implies a double regulation and therefore the ignorance of the essential core of the fundamental right and consequently, its denial. It analyzes the present paradox where public freedoms and the fundamental rights of citizens are restricted, limited or suspended for the benefit of those same goods. Likewise, the research focuses on the systematic description of the factors and elements that originate the phenomenon of the special limitation of personal freedom, especially suspension, in exceptional states of internal commotion, from the Colombian legal system and in contrast with the current Spanish legislation that frames the thesis in comparative law. L3 - https://aplicaciones.ciencia.gob.es/teseo/#/tesis/O825509/detalle UR - https://portalcientifico.uah.es/documentos/6585deb965fbe328055bf6f6 DP - Dialnet - Portal de la Investigación ER -