Publicación:

Inconvencionalidad de la potestad disciplinaria de la Procuraduría General de la Nación para restringir derechos políticos

Resumen

There are different judicial decisions and doctrinal theses regarding the same legal problem, consisting of determining whether of the Attorney General of the Nation (hereinafter PGN) has the competence to punish democratically elected public servants with dismissal and disqualification. special jurisdiction, compared to the guarantees provided in Article 23 of the American Convention on Human Rights (hereinafter CADH). The previous legal dissent was examined in the present investigation, determining only the incompatibility of the sanctioning powers of the PGN with article 23.2 ibidem, for which it was necessary to establish the constitutional and legal adjustments that the Colombian State must adopt to comply with said pact international. In the first place, the need to deprive the PGN of sanctioning power was concluded, adopting an accusatory system that is advanced before the Administrative Litigation Jurisdiction, in which said control body is in charge of the investigation and prosecution, and a The judge of the republic judges the public servant, regardless of whether it is popularly elected.