La facultad discrecional en la desvinculación del personal de las fuerzas militares colombianas desde la jurisprudencia del Consejo de Estado y la Corte Constitucional

Abstract

The present research work describes the origin of the discretionary faculty of the Public Force in Colombia. In a theoretical framework exposes the different theses, studies and dogmatic currents of discretionary power at a general level and at a specific level for the case of Administrative Law, based on the general concept of discretion, its classification, and its purpose in Administrative Law, its scope, limits and objectives as a means of fulfilling the essential purposes of the State. Subsequently, under a legal framework, refers to the application of the discretionary power in the case of the Colombian Military Forces and the National Police, based on the regulation of the rules that contemplate this discretion for the case of the Public Force, this is It has become a form of abuse and arbitrariness on the part of the administration, which has infringed the rights to due process, to decent work among others. Analysis of the jurisprudential line on the possible causes of the inadequate application and exercise of the discretionary power in the case of the withdrawal of personnel from the Armed Forces and the National Police, focusing mainly on the considerations that the Court has developed for the specific case Constitutional and the Council of State. Finalizing, this document raises some conclusions of the analysis that exposes during the development of the subject.