Proceso de elección de personeros municipales en Colombia y proceso de elección de procuradores generales en Brasil como generadores de delitos contra la administración pública y focos de corrupción.

Abstract

The election of Municipal Personnel is carried out by virtue of constitutional mandate, established in Article 313 of the Magna Carta, in which the competence of the Municipal or District Councils for the election of these public servants is established. Initially, with the issuance of Law 136 of 1994, it was established in its Article 170, that, as of the year of 1995, the municipal officials would be: “elected by the Municipal or District Council, in the first ten (10) days from the month of January of the respective year, for periods of three years, which will begin on March 1 and end on the last day of February”. However, through Law 1551 of 2012, the aforementioned regulations were modified, establishing an institutional period of four (4) years, and in turn implementing a merit contest for the election of representatives. This measure, far from solving the problems raised on the occasion of the free election of the personnel, when establishing a public tender, generated that there were new ways to link servers of this nature, with irregularities in both the qualities and forms of choice. Similarly, by way of reference, the most important aspects in relation to corruption in Brazil will be mentioned, regarding public administration.