Como se materializa el activismo judicial en el marco del proceso disciplinario determinado en la Ley 734 de 2002

Abstract

The present research article exposes a critical analysis based on the foregoing by the constitutional courts in accordance with the description of the legal nature of the disciplinary law as independent branch of law, generating the question problem thus raised: How operates the judicial activism in the disciplinary procedure?. In this regard, the research raises 3 objectives namely: 1. establish the nature of judicial activism in the disciplinary process; 2 find out what are the grounds for judicial activism in the particular disciplinary process in the Act 734 of 2002; and 3. Determine how to strengthen the right to due process within the secured disciplinary law. And so, after the aforementioned valuation could be determined what happens day after day in the field of disciplinary law in the processes followed against public officials or private individuals who exercise public functions in order to establish how it works the judicial activism with respect to the qualification of the faults and the imposition of sanctions. Thus, currently national is evidence the need of develop and implement a new regulatory disciplinary that contains in all the articulated the principle of legality that prevails in all the ordering legal internal especially in application of the ius punendi State.