Confieso que las entidades públicas si confiesan; la ineficacia de la prohibición

Abstract

In the Colombian legal system, particularly in the administrative field, there is a prohibition of confession for representatives of public entities that does not have a universal scope in materiality, since both in extra-procedural and judicial headquarters, there are figures that materially constitute acceptance of adverse situations with procedural implications and that, regardless of their legal name, constitute true scenarios of confession that the Administrative Judge cannot ignore when making the evidentiary assessment, through which we end up revaluing the axiom of absolute prohibition, to accept instead , the relativity of its existence. If to this is added the little practical effectiveness that, in terms of the purposes of protection of public heritage and the principle of legality, the prohibition has, since it rests mostly on the estimation of bad faith of the legal representative, we find that the order has Provisions sufficient to repel by conduct the confessional evidence and in the personal sphere, there are institutions and areas of responsibility, capable of enervating any attempt of illegality or misuse of power, so then the very usefulness of the well-known restriction also deserves questioning