The Punitive Power of Private Entities: Limits and Due Process in Constitutional Jurisprudence
The book analyzes the limits to the Sanctioning Faculty of individuals according to the Constitutional Jurisprudence that has set the parameters of due process when applying sanctions to members of private organizations, for this we will go to the study of the rules and sub-rules that the high corporation has defined as parameters of due process for the application of sanctions between private organizations without a disciplinary regime regulated by the legislator, as we find on the contrary in various sanctioning and disciplinary norms of public law in force in the legal system. Colombian. The analysis seeks to specify the legal problems and consequences that are observed in the application of sanctions contained in statutes and private regulations created by individuals in private organizations. It is approached from the methodology with a qualitative approach, with documentary analysis of information collection to evaluate the power to impose sanctions of private organizations in general and with special emphasis on the disciplinary power of the employer according to the procedure to apply sanctions defined in article 115 of the Substantive Labor Code and the analysis of its constitutionality through Sentence C-593 of 2014, to finally conclude that despite the existence of jurisprudence that limits the actions of individuals when applying a sanction, It is necessary for the legislator to regulate some sanction procedures based on the postulates of constitutional due process, since the power to regulate and define sanctions is left to the discretion of individuals, thus weakening the guarantees of due process for those who are subject to the application of a sanction.
Keywords: debido proceso, derecho disciplinario, ius puniendi, derecho sancionador, derechos fundamentales, garantismo, constitucionalismo, subregla jurisprudencial, precedente.
