Causes of Judicial Control over the Disciplinary Administrative Acts Issued by the Regional Commissions of the Attorney General’s Office in Tolima and Cundinamarca

Abstract

The Jurisdicción de lo Contencioso Administrativo (Administrative Contentious Jurisdiction or Judicial Jurisdiction) can exercise control over punitive administrative actions issued by Attorney General’s Office, its regional commissions or other agents through a means of control called annulment and right restoration. However, this procedural instrument is not always effectively used because there is a lack of knowledge regarding how to invoke properly causes for annulment of the act that motivates its judicial exercise. This lack of legal capacity may lead the disciplined to fail achieving a favorable court decision. To help solve this problem, a literature review and an investigation of the descriptive and interpretative were made. In this study, disciplinary sanctions issued by regional attorneys of Tolima and Cundinamarca were analyzed qualitatively and quantitatively. Specifically, this investigation examined the causes for conducting a judicial review of disciplinary actions emanated from these two regional attorney’s offices. The results of these investigative efforts are presented in this article.

Keywords

• control de legalidad, falta disciplinaria, nulidad disciplinaria, responsabilidad disciplinaria, sanción disciplinaria