La legalidad y proporcionalidad de los medios tecnológicos en el sistema de contravenciones de movilidad en Colombia a luz de la ley 1843 de 2017

Abstract

Automatic, semi-automatic and other technological devices of infractions detection were created through the Act 1843 of 2017. Its main purpose was to overcome the lack of traffic agents in the municipalities and special districts of the national territory. According to its second article, automatic and semiautomatic systems installed in municipalities must comply with road safety criteria that guarantee the correct installation and operationalization of the system. However, criteria evidence that transit authority is the only competent entity in charge of both reviewing recorded videos of the alleged violation and making the respective summons —the traffic officer performs the description of the violation and the inspector ratifies it. Thus, it is especially important to understand that technological systems require a permanent authority accompaniment. As a result, those devices do not contain an adequate proportionality to constitute the evidence it was created for, neither it decongests mobility and transportation officers’ procedures. On the contrary, it could be considered as a strategy that makes them more complex and burdensome for municipal authorities, creating constitutional tensions against public administration principles compliance.