Materialización de la ilicitud sustancial en el derecho disciplinario colombiano

Abstract

The execution of disciplinary law in Colombia has undergone a transformation since 2019, in terms of the division of investigative and sanctioning actions. Likewise, the concept of substantial illegality has had relevance in the materialization of the disciplinary process, in order to determine whether the conduct is appropriate to the type in Colombian disciplinary law, as well as the impact on the functional duty that the public entity may be susceptible to with the actions of the official or public servant within the framework of disciplinary law. Currently, the disciplinary law attaches the concept of substantial illegality and orders that not only the typicality or culpability be assessed, but also the impact on the functional duty under the concept of substantial illegality. The regulatory concept of substantial illegality allows public officials or individuals who exercise public functions to find support in the ambiguity of the concept, which allows non-sanction even in obvious scenarios of non-compliance with functions as the substantial impact is not established.