Naturaleza jurídica de las decisiones disciplinarias proferidas por la procuraduría general de la nación, frente a las decisiones disciplinarias emitidas por la Comisión Nacional de Disciplina Judicial

Abstract

The purpose of this research is to describe and analyze the legal phenomenon that currently exists within the Colombian legal system, specifically in the field of disciplinary law, examining the differences between the disciplinary decisions issued by the Office of the Attorney General of the Nation - PGN, and those issued by the National Commission of Judicial Discipline, formerly known as the Disciplinary Chamber of the Superior Council of the Judiciary; This particularly by examining why, if the two entities are empowered with jurisdictional functions, their decisions are administrative acts and both act as disciplinary authorities, the former can be appealed before the contentious-administrative jurisdiction, and the latter cannot, since such decisions are final; On the other hand, the effect of the jurisdictional functions enjoyed by the Office of the Attorney General of the Nation will be analyzed by analyzing a case study of national legal transcendence where there is a decision that affects fundamental rights, there is a pronouncement of an international judicial body and applies the control of conventionality in the internal and external spheres as the sanction to the former mayor of Bogotá D. C., Gustavo Francisco Petro Urrego, examining the judgment of the Inter-American Court of Human Rights and its impact on the Colombian constitutional block. Likewise, recommendations will be presented as possible legal solutions to comply with the IACHR Court's decision in the case in question.