On the effect of called “administrative capture” legal system in colombia

Abstract

This article is part of a more elaborate text by the author, entitled “Control of the Legality of the capture by the Trial Judge in the adversarial model of Act 906 of 2004”; and in it, a study is carried out in relation to the validity of the well-known among us   figure of “administrative capture.” Figures in this, if it is true was expressly stated in the second paragraph of Article 28 of the Constitution of 1886, given the political authoritarianism of it, it is not less than even though it was not accepted within the 1991 National Constituent Assembly, by jurisprudence, the Constitutional Court derived its existence and resurrected in our legal system; however, later that same constitutional court, under a pro-libertarian perspective and more stringent endpoints of the fundamental right to freedom, ended recognizing that it was not in effect in Colombia. The previous thesis which was duly supported by the Supreme Court.