La desnaturalización de la perdida de investidura en Colombia a partir de la Sentencia SU-424 de 2016

Abstract

With a view to preserving the Congress of the Republic in the position that democracy claims, it was considered necessary to regulate the issue from the Constitution itself, imposing a special regime, which could not be described as excessive or disproportionate, since the right to represent the People does not It is absolute and it is not, precisely, because in its exercise the supreme interests of the State are compromised, among them, the realization of constitutional precepts and the defense of fundamental rights, which have been affected both in the past and as to this day due to the increasing trend of bad parliamentary habits, acts of corruption, uncompromising conduct with the common interest and others, which inevitably led to the creation of a key, exemplary and unique tool that had the potential to dissuade and reprimand this type of conduct in favor of ensuring the proper implementation of constitutional precepts, as an objective In general, it is wanted to demonstrate that the Constitutional Court altered the nature of the trial of loss of investiture in Colombia, from the sentence SU-424 of 2016 by introducing the subjective element of guilt and contrary to the will of the primary constituent that had been embodied in an express constitutional mandate.