La responsabilidad penal y disciplinaria en el derecho deportivo en Colombia

Introduction: At present, due to the volume of legal situations that require very particular decisions by the judges, in the sports sector, while experts in the field adopt positions regarding whether sports law is a branch of law, the reality is that Every day judicial operators have to make legal decisions within the framework of criminal or civil law creating new jurisprudence with some particularities and specificities specific to sports law, which does not go hand in hand with the legal regulations for sport, which issue - or no - the legislative bodies of each State. General Objective: To determine the related regulations in Colombian criminal and civil jurisprudence on behaviors that generate disciplinary responsibility with malicious sports behaviors, which cause unlawful damage and its relationship with international jurisprudence of the same type. Methodology: From the normative revision in force in Colombia in disciplinary law, attached the perspective of the international regulations of several countries such as: England, Canada, China, Uruguay, Venezuela, Chile, Paraguay, Argentina, Mexico, Italy, Spain, due to his advances in the subject, and the emanated of some international organisms, that govern the sport worldwide, comparing in each one of them conceptualization of the sport, like: the sport accident, the fault and the fraud (from the penal and disciplinary and from sports discipline) and making an analysis of the convergences and divergences that may somehow unify criteria to end with an analysis of the application of these concepts (guilt and intent), in the current disciplinary sports disciplinary regime. Results: In the end, an analysis of the different situations that can occur due to the action and effect of the consensual and self-assumed practice of sport that causes damage to the person, sometimes determines responsibility that should or should exceed the mere disciplinary conduct the civil and even criminal sanction. Conclusions: This bibliographic review aims to contribute from the perspective of sports disciplinary law, how responsibility is understood and applied in sporting events, for this, it seeks to analyze international jurisprudence in matters related to disciplinary responsibility with malicious sports behaviors, which cause antijury damage and its possible application in the national context. There, it is where most sports codes do not come, because, sports disciplinary law is not part of the jurisdictional branch.

• Autores: Blanco Zúñiga, Orlando
• Tipo de recurso: Article of journal
• Fecha de publicación: 2020
• Institución: Universidad de Ciencias Aplicadas y Ambientales U.D.C.A
• Repositorio: Repositorio Institucional UDCA
• Idioma: spa
• OAI Identifier: oai:repository.udca.edu.co:11158/3171
• Acceso en línea: https://revistas.udca.edu.co/index.php/rdafd/article/view/1440
• Palabra clave: Deportes; Política deportiva; Estado y Deporte; Deporte; Derecho; Responsabilidad; Culpa; Dolo; Disciplinario
• Rights: openAccess
• License: Derechos Reservados - Universidad de Ciencias Aplicadas y Ambientales