Flexibilización en el debido proceso disciplinario frente al derecho penal

Abstract

With the accomplishment of this work of investigation it is tried to establish the necessary criteria to make an approximation to the state in which the application of the fundamental right to the due process is, in particular in disciplinary matter, due to its acceptance in a flexible way or modulated, Against the criminal law, for which the comparative and analytical method was used. In Colombia, the discussion on flexibilization in disciplinary law has been peaceful, in the understanding that it has been interpreted as a derivation of its own nature, understood from the mutatis mutandis translation of the principles of criminal law, however, in This work is established, that this does not prevent to consider that by its characteristics and by the kind of right, as the sanctioner, must correspond to the own systematics that has been forged; That is to say, that in the construction of its dogmatic, its nature, understood as a minor sanctioning right, is not an obstacle to the full respect of fundamental guarantees.

As a result of the investigative work, the discipline disciplinary practice in Colombia was examined in the period 2005-2015, as it represents the period of full application of the Single Disciplinary Code, with penalties enforced, showing that the greater percentage is in the most serious sanctions, Which affect by considerable terms, and even absolute, other fundamental rights, such as the right to participation and the right to work. This leads to the conclusion that in the development of disciplinary procedures, the fundamental guarantees to the disciplined, that is to say, without modulation, are fully applied.