El dolo y sus implicaciones en el derecho disciplinario.

Abstract

In the present work a dogmatic study on the idol is approached, from a historicist evolution towards a conceptual approach, Part of a general aspect to a particular one, applied to the sanctioning right in the broad sense, with the comparative perspective between the criminal law and its natural relation with the Disciplinary right. In this way, the differentiating elements in these matters are highlighted, with the precision of extracting an autonomous concept of fraud. The part of the thesis that this modality of behavior has been mutated from criminal penal character to disciplinary, which has been independent, has ruled under its own notion, but that has been mutatis mutandis has been sustained in this first legal basis. The non-application or evasion of the use of fraud in the subject of Disciplinary Law has not been gratuitous, because it must have an etiology in Criminal Law, also because there is, within the scope of Law 734 of 2002, a partition between the fraud and guilt, and fraud in strict sense with the most serious fault, which comes to resemble in many events at the sanction level