La discreción para los cargos del libre nombramiento y remoción en Colombia

Abstract

This thesis exhaustively addresses the issue of discretion in freely appointed and removed positions in the Colombian legal context. To understand the development of this figure, a deep historical, jurisprudential and legislative analysis is carried out, broken down into background information that allows us to contextualize its evolution in the country. In the First Chapter, a detailed tour is made of the historical progress of freely appointed and removed positions in Colombia. This analysis provides a comprehensive vision of the evolution of these positions, highlighting their relevance in the administrative field and their connection with the exercise of power in different historical periods. In the Second Chapter, the relationship between discretion and the deviation of power in the Colombian context is addressed. The theoretical and jurisprudential foundations that outline the limits of discretion are examined, highlighting situations where this may be susceptible to deviation and how it has been addressed from a legal perspective. Chapter Three focuses on the discretion for freely appointed and removed positions, exploring its justifications and legal foundations. The elements that legitimize the making of discretionary decisions in the administrative field are analyzed and emblematic cases that have influenced the consolidation of this practice are examined. Chapter Four presents an in-depth discussion on the regulations that govern discretion in Colombia, highlighting the relevance of the Political Constitution of Colombia and Law 909 of 2004. The jurisprudence of the Constitutional Court and the Council of State is examined to understand how These rules have been interpreted and applied in specific cases. Finally, the Conclusions are reached, where the key findings of the research are synthesized. Recommendations are offered for the improvement and clarification of the regulations related to discretion in freely appointed and removed positions, with the aim of strengthening transparency and legality in the exercise of said power. Altogether, this thesis offers a comprehensive and critical vision of discretion in freely appointed and removed positions in Colombia, contributing to the understanding and debate on this fundamental issue in the field of administrative law.