El debido proceso

This article establishes a special perspective of due process in the context of the special jurisdiction for peace as a guarantee of dual nature, as a human right at the international level and as a fundamental right at the national level. The objective is to analyze and evaluate the scope of the burden of the proof in the jurisdictional process in the Colombian transitional justice, due to the exceptional nature of it, imbricated within the perspective of the current constitutional theory. In conclusion, the content of the burden of proof may be relativized under the weighting exercise, when it results in greater gains in terms of constitutional principles such as the achievement of peace and building the truth in a context of conflict.