La afectación de los principios de transparencia e igualdad por los vacíos en la regulación de los grupos significativos de ciudadanos en la campaña electoral en Colombia a partir de la constitución política de 1991

Abstract

In Colombia, after the Political Constitution of 1991, the figure of the identified groups of citizens was implemented, as a possibility of political participation of people who do not feel identified with any party or political movement with legal status; however, in the regulation of this figure, there are legal gaps that many candidates know and take advantage of, which may affect the principles of transparency and electoral equality, especially in the development of electoral propaganda, financing, surrender public accounts and / or the application of the double militancy ban. The jurisprudence and Law 996 of 2005, have been pronounced in front of the initial term of an electoral campaign, likewise, Law 1475 of 2011 establishes that candidates can receive income and incur campaign expenses, only from the registration of their candidacy; however, in reality, an electoral campaign may begin before the registration of the candidates, in development of the so-called political proselytizing, which according to the Jurisprudence of the Constitutional Court, for candidates other than the President of the Republic, is not they are sheltered by these limits, a situation that affects the aforementioned principles, but when it is carried out it does not violate any regulations, since they are void of the same regulation. Thus, before registering the candidacy, the promotional committee of the significant group of citizens can collect the signatures required by the law for the registration of candidates, allowing them to receive contributions, make expenses and advertise the logo that will appear on the card. previously, without effective control by the electoral organization, thus obtaining an advantage over other candidates, especially, who is presented by signatures, actually has the support of a political party with legal status.