Violation of the Due Process or Traffic Violation Procedure in Colombia: Impossibility of a Doubleinstitution against Penalties of Less than 20 Legal Minimum Wages in Effect (LMWE)

Abstract

The contravention procedure in transit and land transport matters is not expressed in the specific regulations that refer to Law 769 of 2002, nor in subsequent laws. Such procedure is subject to the General Code of the Process (Law 1564 of 2012), and to the Administrative Litigation (Law 1437 of 2011), as well as to other diverse norms, so then, in the absence of an own compilation, you must go to different procedural requirements to clarify the regulation of the contravention procedure in transit matters in our country. The foregoing allows us to infer, the difficulties faced by the citizen in exercising his right of defense before the competent authorities, which may result in the unconstitutionality of said procedure by violating the fundamental rights to due process, while preventing the double instance in those contraventions where the amount does not exceed the 20 legal minimum wages in force. In general terms, this article is based on a qualitative methodology, based on the study of existing legal and theoretical literature, reconstructing the context and legal structure of the phenomenon.