Dismissal of the discretionary administrative in Colombia: a view from the principle of proportionality

Abstract

This article reports the methodology application that deals with the principle

of proportionality in the events of discretional faculties from the public

administration in which the rights of labor stability of freely appointed

and removable public officials are violated. The analysis concludes that it

is important not only to lessen the paradigm of general interest, but also

the presumption of legality in the administrative acts due to the fact the

recognition from part of the jurisprudence has become the main obstacle for

the judges to apply the labor guaranties that are expressed in the present

Policy Charter