Consumption of alcohol or psychoactive substances in public space

Constitutionality review as per a citizen request (Alejandro Matta Herrera & another) of the Act 1801 of 2016

Date:  06/06/2019

Judge-Rapporteur:  Diana Constanza Fajardo 

Concurrence:  Alejandro Linares Cantillo.  Antonio José Lizarazo.  José Fernando Reyes Cuartas

Dissent:  Carlos Libardo Bernal Pulido

The reviewed Act.  Articles 33, numeral 2, literal c., and 140, numeral 7 of Act 1801 of 2016, by which the National Code of Police and Coexistence is issued, state that the consumption of alcoholic and psychoactive or forbidden substances, disrupt the tranquility of the community and the respectful relationships of the people.  They also go against the protection and integrity of the public space.

The plaintiff´s arguments.  The plaintiff claims that the aforementioned provisions violate the Political Constitution, since they do not recognize the rights to free development of personality, expression, and access to public space.

Issue: Do consumption of alcoholic and psychoactive substances in public places alter the tranquility of the community and the respectful relationships among the people? Do they also go against the protection and integrity of the   public space?

Ruling and reasoning.  No. To start, he Court noted that the broad sense in which the prohibition is written is neither reasonable nor aimed at the end of peaceful and respectful relationships.  The regulated behaviors per se do not put at risk the protected goods.  The challenged rule actually inverts the logical order of freedom first, then its restriction.  On the other hand, the Forum found that there is no direct link between the consumption of alcoholic and psychoactive substances and the destruction and neglect of public space.  If the consumption of such substances lead to behaviors that may harm the public areas, there are other most appropriate legal means to enforce such protection.

Therefore, the Court RULED THE UNCONSTITUTIONALITY of the expressions "alcoholic, psychoactive or" contained in Article 33 (literal c, numeral 2) of Law 1801 of 2016, as well as the words "alcoholic and psychoactive or" contained in Article 140 (numeral 7) ibid.