En defensa del litigio colectivo en moralidad administrativa en Colombia: acciones populares y el conflicto de intereses
Popular actions is a writ for collective litigation that the Colombian Constitution provides to protect collective rights, including administrative morality. Through popular actions citizens have the possibility to sue public and private authorities in cases where public ethics have been threat...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8305377 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 18, Nº. 2, 2021, pags. 297-327 |
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| Summary: |
Popular actions is a writ for collective litigation
that the Colombian Constitution provides to protect
collective rights, including administrative morality.
Through popular actions citizens have the possibility
to sue public and private authorities in cases where
public ethics have been threatened or violated, in
order to prevent damage or restore violated rights.
Recent legislation and jurisprudence, mistakingly,
have weakened popular actions in Colombia and
have reduced the role of the collective right to
administrative morality. This paper analyzes the
preventive dimension of popular actions that is
reflected in the protection of contingent damages and
its relationship with the protection of administrative
morality in cases of conflicts of interest. We conclude
that the weakening of popular actions is unfortunate
and that the popular action for administrative
morality is an ideal mechanism to prevent conflicts
of interest, to strengthen public administration, and
to fight against corruption. |
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