Desconocimiento al derecho internacional por parte de la Procuraduría General de la Nación al destituir o inhabilitar a servidores públicos de elección popular

Abstract

The investigation includes an in-depth analysis of the role played by the Attorney General's Office within the Colombian Social State, the criteria used by the Office of the Attorney General of the Nation in the disciplinary processes of elected officials and the analysis of the case of Former Mayor Gustavo Petro and others related from the national and international perspective according to the IACHR. In accordance with the foregoing, the criteria used by the Office of the Attorney General of the Nation in disciplinary matters with respect to elected public officials are analyzed, therefore, to determine if these disciplinary rulings conform to the internal and international legal guidelines regarding the exercise of political rights. This is a research project of a descriptive, analytical and interpretative nature, because it is necessary to carry out a comparative analysis between the legal framework, doctrine and jurisprudence, through an analysis of national and international jurisprudence such as those issued by the IACHR. In addition, it is approached from the interpretation of existing legal texts, because in this way, a rational reflection of the problem raised throughout the development of the work is achieved. The method used in this investigation is qualitative or deductive, in order to measure disciplinary management by the Attorney General's Office. In conclusion, the case study, which was the dismissal of former Mayor Gustavo Petro, served as a great illustrative example of the excess of functions in which the Public Ministry was reversed, because in its sanctioning power, which is established in the constitution, he used his disciplinary duty in a non-partial and objective manner to remove him from his post, ignoring what was established by the ACHR.