Twelfth Global Studies Conference

Abstract

Colombia took a very significant step towards peace with the Final Agreement signed with the FARC-EP in 2016, achieving a demobilization of the strongest and oldest guerrilla group in national history. However, this Agreement generated a radical opposition exercised by the winning political party in the presidential elections of 2018. Today the government is not considered a priority with peace and announced the end of negotiations with the ELN guerrilla. This reveals the political and juridical fragility of peace since its scope is not clear as the end of the State and right-duty according to the Constitution of 1991. In this study, the legal pacifism of Luigi Ferrajoli is introduced as a contribution to the construction of a solid theoretical framework about peace. Thus, its foundations and some outstanding criticisms are addressed (1); The status of peace in the Colombian constitutional order is reviewed (2). It is concluded that with support in the Ferrajolian theory, because it means: a) The obligation of the State to continue guaranteeing peace; b) The strengthening of institutional democracy and c) Effective judicial instances in defense of fundamental rights that can achieve a stable and lasting peace.