La acción administrativa en sanciones disciplinarias del servidor público definiendo el grado de responsabilidad desde una perspectiva objetiva teniendo presente los principios constitucionales

Abstract

Among the fundamental principles of the legal bond is the power of the right to defense, this established in the Political Constitution of Colombia of (1991) in Art. 29, which is sometimes omitted and occurs in legal errors that affect the integrity of the public server. In private and public entities when it is under specific labor and contractual parameters in a labor and contractual system, certain characteristics established therein are met, which are defined as labor or contractual functions that the worker must perform at a certain time, at a certain time, and so on. , but sometimes non-contractual functions are manifested that are linked to the boss's demands, and being a subordinate the employee must comply; regardless of whether this causes legal or criminal injuries or affects their emotional or work faculties, for which the degree of responsibility is to be legally based objectively, where not only the public servant is disciplined, but also any third party who is be involved in the administrative failure that is affecting state or government purposes; where bosses and/or authorities are directed in the disciplinary process if they were to have implications in the act committed by the public servant. With the foregoing, public servants who commit any disciplinary offense, aimed at affecting the contractual and labor purposes acquired with the State, affecting social assets and service qualities.