Naturaleza jurídica de la facultad sancionadora de las federaciones deportivas en Colombia: entre la autonomía privada y la función administrativa

Abstract

This research examines the legal nature of the disciplinary powers exercised by sports federations in Colombia, taking as a starting point the constitutional recognition of sport as a fundamental right and an activity of public interest. From this foundation, the study explores how federations, despite their private legal status, operate within a framework that links them to collective purposes and subjects them to state supervision. The analysis reveals a regulatory context in which public and private spheres converge, creating tensions between institutional autonomy and the State’s powers of inspection, oversight, and control.

The research traces the normative, jurisprudential, and doctrinal developments that have shaped this system and discusses whether the disciplinary sanctions imposed by federations should be regarded merely as expressions of internal autonomy or, in certain circumstances, as acts that acquire characteristics of public authority. By contrasting the Colombian experience with comparative models—particularly those of Spain and Brazil—the study reflects on the need to clarify the scope of these disciplinary powers, balancing the autonomy of sports organizations with the protection of the public interest, transparency, and the fundamental rights that underpin the social function of sport.