Repositorio Institucional UAJS :: Browsing Investigaciones by Author "Alvarez Month, Julio"

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The precedent of the council of state and the constitutional court on the jurisdiction of loss of investiture
(Journal of Population Therapeutics & Clinical Pharmacology, 2024) Bautista González, Brenda Betsabé; Madera Arias, Nadín Andrés; Morales , alex; Urzola Berrio, hector; Alvarez Month, Julio
The Loss of Investiture is a sanction that implies the removal from the position that a public servant who has been elected by popular vote is holding. Hence, the imposition of this sanction turns out to be an event of great social impact and of great relevance, for the execution of the tasks or functions of the person who performs public functions. Taking this into account, the decision to revoke the official who was popularly elected must necessarily have legal support, and it may far from being a decision that responds to the whims or "political movements" of those who have the important task of decreeing the loss of investiture. Thus, it is necessary to review the pronouncements made by the Constitutional Court and the Colombian Council of State, regarding the Loss of Investiture; the legal scope of said sanction, which has an ethical and subjective character, observing the principles and provisions of the legislator, in relation to the severity of the sanction given to an elected official.