Derecho - Palmira
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Browsing Derecho - Palmira by Subject "Constitución Política De 1991"
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Item Cambios Del Régimen Disciplinario En Colombia Introducidos Por La Sentencia Petro Vs Colombia De La CIDH: Control De Convencionalidad Y Derechos Políticos.(Universidad Santiago de Cali, 2023) Ríos Rengifo, Heidy Johana; Giraldo, Laura Andrea (Director)What they have called - or can be called - the Petro Case is, in evidence, the practical result of the lack of adaptation of the Colombian regulatory system to the inter-American regulatory system. The Political Constitution of 1991, as well as our legal system, in some of its sections does not conform to the American Convention on Human Rights, this is the whole problem and no other. Now, in a democratic, participatory and pluralist State, the different interpretations and approaches of the Petro Case must be respected, we cannot forget that we are, at least formally, in a social State of law. And it is logical that the political-social vision of this issue is the one that most attracts public opinion and is the one presented by the media. However, this perspective of the Petro Case is just the one that will be avoided, to address it from the legal perspective, given that legal scholars must be objective, independent and impartial when assessing the violation or not of a right. human. It should be stated that the Petro Case could also be titled, among others, Alonso Salaza or Samuel Moreno Rojas or Jorge Iván Ospina or Cielo González, because it cannot be forgotten that the Attorney General's Office has imposed the sanction of dismissal, suspension and disability various officials elected by popular vote, such as governors, mayors and congressmen. It is also observed that his disciplinary power has been exercised not only against a single political party or model of thought, which would also be irrelevant for the legal analysis that we propose, as well as the political, social and ideological qualities of Gustavo Francisco Petro Urrego. . The issue to be analyzed is whether or not the power of the attorney general of the nation to dismiss and disqualify a public official elected by popular vote is contrary to the American Convention on Human Rights.