Social divergence, selectivity and immunity in the application of criminal law

Abstract

Max Weber’s elaboration on social action and its application by Germán Silva García to the theory of social divergence, are the basis for examining the negative criminal selectivity applied as immunity to certain divergent by the power of definition of the creators of criminal law in Colombia, through parliamentary immunity in the past, or amnesties and pardons for affinities, co-partisans or friends, or express criminal benefits for those who are politically identified, or through de facto immunity mechanisms through the use of privileges, silence pacts, concealment of the truth, neutralization techniques or the lack of will
to investigate and punish those responsible. Through socio-legal research and a qualitative approach, analytical and dialectical methods applied to cases are used to demonstrate those social actions that produce immunities. Not only has legislation been used to establish immunities, but mechanisms have also been developed that are used to build them.