Acercamiento básico al derecho disciplinario contra servidores públicos en colombia ley 734 de 2002

Abstract

The Colombian legal system, reformed by the Political Constitution of 1991, has clearly pointed out the purposes of the State, to put the public function at the service of the associates, ensuring the general welfare of the citizenry; For this purpose, the basic State structure was determined in various Branches, such as the Executive, Legislative and Judicial Branches, and in whose execution citizens invested with the quality of public officials are assigned the fulfillment of duties and obligations of the role to be performed, as a means to said ends.

Under this premise, the imperative need arises to create a sanctioning system that protects, not only the fulfillment of the constitutional purposes, but also guarantees the provision of the service to the associates and imposes the corresponding penalty on that official who in the exercise of their functions, acts contrary to the regulations, ignoring their duties or exceeds the order made.

This is how the Disciplinary Law arises against public servants, endowed with autonomous and independent qualities as a member of the conglomerate of ius puniendi at the head of the State.

As far as this is concerned, throughout the libel, general and basic aspects of the disciplinary regime, nature, principles, responsibility, faults, sanctions and structure of the trial carried out against those who ignore their functional duties will be exposed.