El procedimiento administrativo sancionatorio brasileño y su aplicación en casos de enriquecimiento ilícito en Colombia : una propuesta alternativa para la descongestión de la justicia penal colombiana.

Abstract

At present, various initiatives are proposed in the specialized literature each time the reform of the justice system is brought up, and among these, the punitive treatment that the Colombian State gives to certain behaviors seems to us topical whose reflection should not be lightly abandoned. Thus, the Brazilian administrative sanction procedure is a model as an alternative to the criminal investigation with regard to the initiation of punitive proceedings for crimes that are questioned from the constitutional perspective such as enrichment illicit. Alleviating the burden of criminal investigation in the hands of the Attorney General’s Office is a goal in this work, for this is proposed; first of all a contextual approach that illustrates the existing requirements regarding illicit enrichment in Colombia and Brazil within the framework of crimes against public administration; details of the administrative procedure for sanctioning Brazilian law Nº 8.429 applicable to acts of administrative improbity and its feasibility for the Colombian case; Finally, it is necessary to land on specific cases decided in Brazilian case law that illustrate how this sanctioning procedure is carried out, in some cases as a preliminary step to criminal proceedings, in others as a substitute for imprisonment.