Análisis de convencionalidad de la facultad constitucional del Procurador General de la Nación para desvincular funcionarios públicos elegidos mediante voto popular en Colombia, desde la perspectiva de la Constitución Política de 1991

Abstract

In the development of this work it will be possible to analyze the conventionality, or not of the constitutional faculty of the Procurator General of the Nation, to disassociate the officials elected by popular vote, in Colombian law, since the advent of the Political Constitution of 1991, that begins a process of strengthening the internal constitutional right, initiated with the inclusion of the postulates related to public international law, according to which, the international treaties that found the international human rights systems, through the constitutional procedure provided for it, become part of the constitutionality block and, therefore, acquire mandatory character for internal legal and administrative operators. In this way, to achieve the stated objective, a deductive methodology has been adopted, with exploratory tendencies, based on qualitative sources, based on the study of the Constitution, the law, jurisprudence and both national and international doctrine; with which, it can be determined that, there is a non-focused inconvenience in the sanctioning faculty of the Procurator, in relation to public servants elected by popular vote, but that such disagreement is presented in the type of sanctions that may be imposed on the disciplines subjects, since they limit the political rights recognized in international instruments that are so important in these instances.