Cobro Coactivo vs Derechos Fundamentales: Un análisis a los derechos fundamentales de cada ciudadano en un procedimiento de cobro coactivo en Colombia.

Abstract

This research work analyzes whether the application of coercive collection in Colombia in order to obtain the collection of a fine imposed by the Public Administration, generates violations of fundamental rights to those administered, especially the right to due process. The foregoing through a legal hermeneutic method of investigation through which (i) the regulations of the jurisdiction of coercive collection are analyzed; (ii) a weighting analysis is made between fundamental rights such as due process and the coercive collection of the Public Administration; and (iii) it is established in which time the Public Administration must initiate an executive process of coercive collection without violating any fundamental right. All the analysis shows that coercive collection violates due process, through improper notifications that make up the collection procedure in coercive jurisdiction, and circumstances where the Administration omits the parameters of the payment order in the due communication that must be made to the individual.