The Constitutional Block, Justice and Legal Security Implicit in the Defiition of a De Facto Civil Servant
Universidad Industrial de Santander
This article is a deliberation using descriptive research methodology to study the constitutional block as part of the historic and jurisprudential context in Colombia, as a regulatory integrating tool for hermeneutic purposes for resolution inharmony with the axioms included in our country’s legal-political system, for strengthening justice and legal security as an identifying link of the parties associated with the Justice Administration, and reviewing its implicit signifiance as part of tutela (injunctive action) proceedings against judicial rulings and nullifcation for the reestablishment of law in order to form the bases for establishing the “de facto civil servant”. Ths leads to the question of whether the fiure of the “de facto civil servant” is applicable when an individual fulfils the requirements in terms of remuneration, adherence to a work schedule and the provision of personal service in a subordinate manner, without that service provider having specifially determined or regulated legal duties at the public agency.
