El principio de proporcionalidad en la responsabilidad de los contratistas y servidores públicos: un análisis en materia disciplinaria, fiscal y penal

Abstract

This research explores the principle of proportionality as a guiding norm in applying legal responsibility to public servants and state contractors in Colombia, particularly within disciplinary, fiscal, criminal, and civil frameworks. Through a normative, jurisprudential, and doctrinal lens, the study compares the legal treatment of both groups, emphasizing their distinct connections to the State and the forms of oversight to which they are subjected. Although contractors do not perform public functions, they may still incur fiscal and criminal liability. Public servants, on the other hand, face stricter accountability, including disciplinary sanctions. In all scenarios, the principle of proportionality functions as a constitutional safeguard, demanding that sanctions be fair, necessary, and appropriate to the nature and severity of the conduct in question, thus ensuring due process and preventing excessive punitive actions by public authorities.