La contraloría general de la república y funciones jurisdiccionales.

Abstract

The state and its activity require a control body that monitors its activities, it is not only necessary that power be held but also that there are weights and limits to the activities of the public administration, this is part of the social contract and the characteristics that that wraps. Under the conception that it is through public resources that programs focused on solving unsatisfied needs are developed and that development plans, action plans and public policies are executed to achieve the well-being of the community, it is imperative that the state model evolves, becomes more technical and at the same time protects the entities that play a control role within it So then, it is necessary that, like other entities for the Office of the Comptroller General of the Republic, it is imperative to advance as social challenges arise; Corruption, public mismanagement, social and political tolerance regarding the issue, coupled with the limited participation of the community in fiscal control, requires and makes it necessary for this autonomous body to focus and route its efforts to expand its field of action and, furthermore, , so that it equips and strengthens itself with legal tools that make it possible for its decisions to acquire immediate firmness and in this way, immediately execute the rulings with fiscal responsibility that are made in order to recover a greater volume of public money. It is evident that the Colombian model has been accommodating and measuring the initial rigidity with which the constitutionalist of the year 1991 proposed the scheme of the division of powers and controls, to date there are 40 legislative acts that have been integrated into it, in mostly tending to an efficiency of the public and its activities. One of these reforms, especially legislative acts 03 of 2002, implemented the possibility that different entities that do not belong to the judicial branch, develop jurisdictional functions due to the specialty of the administrative functions they develop. By virtue of this, said possibility is the one that is taken as the basis for the hypothesis of this investigation, since it is obvious that the Comptroller General of the Republic has all the attribution rules that the Constitutional Court has indicated as necessary to be able to establish said jurisdictional functions, its independence, its field of action in the administrative field, its technical internal structure and the management model, allow this possibility without violating or altering per se, the system of checks and balances that was determined from the initial structure conceived by the Constituent Assembly of 1991. Consequence of what has been noted is that with the investigation developed here it is intended to prove that constitutionally, legally and factually, it is feasible to grant the Comptroller General of the Republic the jurisdictional powers enunciated as exceptional in article 116 of the Constitution without breaking the system of checks and balances. referred to in article 113 of the Magna Carta. To do this, in the different chapters, a review will be made of the modifications to the 1991 constitution regarding the fiscal control model, the scheme of limits to the powers that each branch holds, the pronouncements of the Constitutional Court regarding of the attribution rules and projecting the pertinent bill and constitutional reform for it