La Discrecionalidad de los Procesos Disciplinarios y sus Sanciones

Abstract

To date, in all public and private service provision systems, there is its own, autonomous and independent system whose provision is due to the need to impose discipline through the forecasting, planning and prevention of investigable conducts incurred by those subjected to to a state of subjection or failing that, through the imposition of corrections and sanctions for the non-observance of the functional duties of a disciplined person.

Due to the above, it is that the disciplinary process is born in Colombia whose purpose is to identify, investigate and sanction the behaviors that dispute the functional duties that assist the disciplined and those that transgress the protected legal assets that seek the proper functioning of the State, well whether by action or omission, and in general, all those individuals who, in their capacity as collaborators, perform public functions, all under the observance of principles such as presumption of innocence, due process, comprehensive investigation, coherence, proportionality, legality, substantial illegality, impartiality and equality, among others.

Law 734 of 2002, grants a procedure to that sanctioning power that the state possesses, and in principle AUTHORIZES the operators in the matter, of jurisdictional competences to investigate, evaluate, formulate charges, continue investigating under the pretext of the search for the truth once charges have been filed and dose the sanction when it comes to general or special disability, simple suspension or suspension with disability and fine, except in the case of dismissal, all within the framework of an inquisitorial system that upon perception of the undersigned, violates the legal principles of modernity. Due to the above, it is necessary to study and understand the dogmatic development of the disciplinary sanction provided for in Law 734 of 2002, because this means an abnormal power in the head of an operator who, by its very nature, is clothed in emotions, imposing loads of emotional intelligence. as it is not a properly regulated procedure