Análisis del factor integrante e insustituible del derecho de petición dentro de la función pública de un programa presidencia. Que genera congestión judicial, Caquéta, 2016-2017

Abstract

This investigative-descriptive article is structured so that the reader actively identifies as a consequence of the omissive behavior of the territorial entity before the integral and irreplaceable factor of the right of petition, the congestion that is being presented in the judicial offices in the Department of Caquetá during the 2016-2017 period in the presentation of guardianships for violation of the fundamental right of petition, which now overwhelms the constitutional judges of this department, due to the administrative oversight that is being carried out to the ordinary processes of the judicial offices and the low qualification in the performance evaluation. The reason of this scenario is the objective that arises from the same political constitution and that the fundamental right is guaranteed for all injured by means of the public function on the same territorial entity. The non-resolution of the recognition and protection of the rights resides in the head of the petitioner, he is the person who brings to the attention of the territorial authority his needs and expectations, in the hope of receiving a prompt response that solves or resolves his situation somehow. Institutional weaknesses are presented within the different levels of the administration of the UARIV and their omissive behavior before the rights of petition presented by the victims of the internal armed conflict are the product of their negligence; this causes a judgment of reproach, which justifies the harmful result that the public entity is generating. This resulted in a considerable increase in guardianships actions against the UARIV, which is causing excessive delays and high costs due to congestion in the Judicial Offices and the state responsibilities, which is justified in the figure of the service failure. Part of the non-functioning system generates damage to a person, in this case to the "victim". Considering all the above, this research carried out a deductive methodological design as a data collection technique and was carried out with a carried out by means of a circular CSJC17-021 date March 24, 2017 that were applied to the constitutional judges of the department and a statistical evaluation analysis to the congested judicial offices, this impact was assessed and generated a congestion as a result 55.21 %, as a primary information and as secondary information the definition and scope of the public function was indicated, the regulatory framework and scope of the integral and irreplaceable factor of the Statutory Law of petition. Finally, the territorial entity indicated that they manage the presidential program and the process of law of the rights of petition presented by the citizens, in order to prevent the great amount of administrative surveillance to the constitutional judges and to guarantee their fulfillment by the territorial entity and reduce court congestion in this Department