Restricción del derecho político de acceso y permanencia en la función pública de los gestores fiscales por los fallos con responsabilidad fiscal a la luz de la Convención Americana sobre Derechos Humanos.

Abstract

This paper focuses on whether, in the light of the American Convention on Human Rights, it is still viable for the Comptroller's Offices to limit the political right of access and permanence in public office of fiscal managers declared fiscally responsible? To this end, it initially describes the process of fiscal responsibility in its current regulation and the disqualifying consequence of the ruling with fiscal responsibility, addresses the political right of access and permanence in public office, and the effects of the convention regarding the restriction of such political right in the process of fiscal responsibility, and presents some decisions of both the Constitutional Court and the Inter-American Court of Human Rights regarding the powers of the comptroller's office when as a result of the fiscal ruling limit such right. Thus generating an academic space of knowledge of the Fiscal Responsibility Process in Colombia, the content and scope of the political right of access and permanence in public office, and its possibilities of restriction through this process in the light of the referenced Convention, and the problems it raises in the current regulation. And, by answering the question described, a proposal to this academic and legal debate will be presented.