La función preventiva en el ministerio público: un análisis de cara a los instrumentos y mecanismos institucionales y jurídicos en el ordenamiento territorial municipal de Bucaramanga

Abstract

This research analyzes the preventive function of the Public Ministry at the municipal level through the examination of the Municipal Ombuds Offices of the Metropolitan Area of Bucaramanga, with the purpose of identifying its limitations and proposing operational mechanisms that allow its institutionalization as a form of anticipatory administrative control. A qualitative approach was applied, based on a documentary and descriptive–propositional design that included normative, doctrinal, comparative and institutional analysis. The findings show that, although the Colombian Constitution recognizes prevention as a core mission of the Public Ministry, its implementation at the municipal level is fragmented, reactive and lacking management tools, which limits its effectiveness and prevents impact measurement. The comparative analysis demonstrated that international ombudsman models have developed early warning systems, risk indicators and coordination mechanisms, which remain absent in the local practice. Based on these results, a proposal was formulated consisting of two operational instruments: the Municipal Early Warning Protocol (PMAT) and the Local Preventive Surveillance Committee (CLVP). Both instruments are legally and administratively feasible, as they do not require statutory reforms or institutional expansion. In addition, a set of basic indicators was designed to evaluate preventive impact in risk, early correction, coordination and repetition of administrative complaints. The research concludes that prevention constitutes a structural component of administrative control and that its consolidation demands technical instruments for institutionalization and evaluation.