Análisis del impacto de la facultad discrecional en el buen servicio de los entes ministeriales del estado colombiano

Abstract

This thesis presents mixed-type research that combined qualitative and quantitative descriptive-correlational approaches, developed to establish whether the exercise of the discretionary power applied by the nominators of the Colombian ministries to manage the free appointment and removal positions, finds its limit in the proper functioning of these entities. At first, a qualitative explanation of the central themes of the research was developed, such as the administrative act, the discretionary power, the good service and the free appointment and removal positions. Next, the necessary information was collected by a questionnaire-type survey filed through a petition right in the petition, complaint and claim systems of the 18 ministerial entities of the country. With the answers issued by 13 of the 18 ministries, descriptive and correlational analyzes of the study variables were carried out. This analysis showed high turnover rates of free appointment and removal officials and the absence of a relationship between their performance evaluation and their permanency. We conclude that when the discretionary power is used to manage the free appointment and removal positions, without a known objective limit to consider in decision-making, its power does not contribute to the proper functioning of the ministries.