Fundamentos constitucionales y legales para el ejercicio de la facultad discrecional en el retiro de los miembros de la fuerza pública

Abstract

The special faculty that public administration to withdraw its discretion uniformed staff member of the Armed Forces and National Police in order to provide better service and improve the institution, cannot be understood as an arbitrary act that violates fundamental rights ; given that while there is a positive rule to regulate and establish a procedure for such action , if any judicial rulings that have defined the discretion of the administrator and have laid the groundwork to ensure that these events do not go as opposed to the constitution and law. Any administrative act of removal under the causal discretion, must be born as a legal entity fulfilling at least three requirements: it must not be arbitrary, must be concordant for the purposes of the state and there must be some reasons that favor such a decision; which guarantee the legality of the act to avoid all discretionary act go as opposed to the precepts of the Constitutional Court and Council of State.