El delito de tráfico ilícito de drogas considerado de lesa humanidad, un problema complejo en la jurisdicción militar en relación a los derechos humanos

Abstract

Talking today about crimes that concern a military or military installations, where a conflict of competences is created in the civil and military jurisdiction, as is the case of drug crimes considered crimes against humanity, is a complex problem. From this premise, the present hermeneutic study addresses theoretical constructs such as crimes against humanity, crimes of a civil nature and of a military nature supported by the Venezuelan Magna Carta, the code of military justice; coupled with the approaches of Escobar (2013), Mera (2002) among others.) The research is analytical type, with a qualitative approach; The method used is the legal hermeneutic, the design applied is cross-sectional and documentary-bibliographic, the results obtained were achieved based on the triangulation of the information obtained from legal texts, laws, international treaties and the National Constitution of the Republic. Bolivarian from Venezuela. This work allowed us to conclude that there are serious discrepancies when it comes to applying military or civil jurisdiction in legislation on drug trafficking, since the current legal system is out of context with respect to the international legal framework.