Temporariness and the Discretional Power of the Administration in the Colombian Legal System

Abstract

This article presents the results of a research entitled “The Legal Figure of Temporariness as a Means to Defraud the State Goals and the Public Function”. This research was made using the judgments given by the “Consejo de Estado” (State Council Court) in the last years as a reference frame, in which a jurisprudence legitimizing the abusive use that the Public Administration has made of the temporary appointments is outlined and reaffirmed. The resistance that this practice has generated within the Constitutional Court is also studied. At the end, a description of the serious social problem involving the State as an employer that treats its servers arbitrarily is given.