Los límites de la potestad disciplinaria frente a los servidores públicos de elección popular en el ordenamiento jurídico colombiano : revisión dogmática y jurisprudencial a partir de la constitución de 1991

Abstract

In the following research paper there are sections that study the possible limitations that the disciplinary authority may present, especially at the head of the Procuraduría General de la Nación (PGN) and in relation to the restriction of the political rights of public workers elected by the popular elections, the foregoing, starting from the idea of institution as the restriction that man has created to limit his interaction, in the specific case the right to choose and be chosen and as the one that prevails the right over the power, thus finding a description of institutional design and conventionality against political rights, theoretical construction of the disciplinary sanctioning power, thereby determining the type of function that falls on it, including important aspects regarding the precedents of both the Inter-American Court of Human Rights and the Constitutional Court and the Council of the State, in order to portray the rules and sub rules of interpretation that may limit the disciplinary sanction, in order to determine the fundamental rights to elect and be elected, in the case of public workers elected by popular vote, certain rules of interpretation and principles must be respected.