Guerra y derecho en Colombia: el decisionismo político y los estados de excepción como respuesta a la crisis de la democracia

The article talks about the crisis of the contemporary democratic State, and it studies the figure of the state of emergency in the Colombian case, outlining that its recurrent use contributes to this crisis. Carl Schmitt’s theories are presented as the theoretic foundation of this practice, showing its validity in present-day Colombia. It also recurs to the socio-political theory of Boaventura de Sousa Santos, Franz Neumann and Otto Kirchheimer. It pretends to show how, in spite of the limits and deficiencies of the democratic neo-liberal model, which should be perfected and not abandoned given its emancipation potential that has not been taken to its ultimate consequences, what would lead to a more just and free society.