This article establishes that the Colombian Constitutional Court bases a substantial interpretation and definition of the right to the free development of personality on a public policy of liberal lineage, sponsored by the paradigm of the new constitutionalism. The contextual framework in which this hypothesis is developed is the Republic of Colombia, where judgment T-479 of 2015 was issued. It is concluded that there are minimal moral commitments between the State and its citizens, beyond the simple maintenance of public order preached by liberal neutrality. For example, the impact of public policy on cigarette consumption in prisons configures commitments that should be met by the State. To achieve the objective of this work, a type of descriptive legal study is used, allowing for the delimitation of the object of analysis. Through deduction as a method, a tool is utilized that enables concrete conclusions to be reached regarding the particular case of the sentence T-479 of 2015. The work aims to address the research problem of whether the neoconstitutionalist paradigm is a tool that allows the interpretation and substantial definition of the right to the free development of personality within the framework of the public policy of cigarette consumption in penitentiary establishments.