Resumen

The application of Transitional Justice in Colombia based on the dialogues and peace agreement, develops important elements in relation to the ethics of the conflict, the negotiated solution and the recognition of the victims. These reasonable tools, stealthily framed by the different actors, such as the creation of the Search Unit for Missing Persons, the truth commission and the Special Court for Peace, have led to an initiative of a right-wing government that negotiated with a group of the left, get the best possible agreement, with democratic legitimacy and an attempt to achieve a stable and lasting peace. This year 2017 the legal development of the peace agreement has outlined various legislative acts, multiple laws and regulatory decrees within the Colombian judicial system. There are problems arising from the normative interpretations from the procedure and the test that was developed in a transversal way in the Special Jurisdiction for Peace (JEP) with the condition of the recognition of truth and responsibility (transitory article, paragraph 5 of the legislative act Nº 001 of 2017). Even the responsibility for the chain of command as a legal reference of impact on criminal policy and the criminal process, being essential to make a delimitation and analysis of each case in particular, to avoid opportunistic persecution. This paper seeks to develop the conceptualization of these contents and their analysis at the time of being present in the judicial practice