Naturaleza jurídica del cargo de comisario de familia en Colombia en el ejercicio de la función jurisdiccional frente a los principios de autonomía e independencia

Abstract

This article analyzes the legal nature of the position of family commissioner in light of article eleven of law twenty-one twenty-six of two thousand twenty-one in Colombia, to achieve this objective, an analysis is carried out from the creation of family police stations in one thousand nine hundred eighty nine, until the entry into force of the aforementioned norm, this from the constitutional and legal perspective of the nature of said, by going from being an administrative career position, provided through merit competition, to being a managerial position of free appointment and removal, with jurisdictional and public management functions. The application of the principles of autonomy and independence in the exercise of positions where some degree of objective and subjective trust is required in front of the nominating boss is studied, the concept of public management is also addressed, its application in the positions of free appointment and removal and the possible difficulties that this profile can generate to simultaneously exercise jurisdictional functions in guarantee of human rights to a specific population, and if eventually the law in question has vices of unconstitutionality.