Did you know Colombia’s Constitution extends the full shield of Article 29 to every administrative action, making presumption of innocence and the right to defense central to state oversight.
I help companies and individuals protect their rights across state contracting and sanctioning matters. I apply constitutional standards and CPACA rules to each stage of the procedimiento so your case stands on firm legal ground.
My practice evaluates whether authorities respected lawful notice, the right to present and challenge evidence, and the presumption of innocence. I turn court doctrine and constitutional rulings into practical defenses you can use immediately.
In short, I coordinate evidence, deadlines, and appeals to preserve your contractual interests and defend your rights before administrative bodies and in court.
Key Takeaways
- I align your response with Article 29 and CPACA safeguards.
- I check whether autoridades administrativas respected notice and defense rights.
- I protect evidentiary positions and challenge unlawfully obtained proof.
- I translate legal doctrine into immediate, tactical steps.
- I deliver clear action plans to meet deadlines and file appeals.
State contracting and sanctioning in Colombia today: how I help you protect your rights
When an authority opens a review tied to a public contract, I design defenses that stop weaknesses from becoming penalties. I map where inspections and surveillance by entities such as Invima, SIC, DIAN, and sector superintendencies can trigger an administrativo sancionatorio.
My advisory work begins with early risk assessments in procurement. I check whether the initiation rests on a legally defined offense and on a competent autoridad. If I spot improper notification, expired terms, or a wrong addressee, I move to terminate or nullify the actuaciones.
Strategic defense from audit to court
- I organize timely, evidence-based replies that protect your derecho defensa and the presunción inocencia.
- I tailor responses to the likely sanción—admonition, fine, or closure—and document any excess of funciones by the authority.
- I preserve materials and build the record needed for judicial escalation to the contencioso administrativo and for invoking Corte Constitucional guidance when required.
For hands-on support, see my services for public contracting and administrative law: administrative law specialists.
Constitutional and legal framework that shapes administrative sanctions in Colombia
I map constitutional rules onto each stage of an investigation so clients can assert their rights with precision.
Article 29 guarantees that every person must be ser juzgado under preexisting law, by a competent authority, and respecting the formas propias of the proceeding. It also protects the presunción inocencia, the right to defense, publicity, and the nullity de pleno derecho of evidence obtained in violation of due process.
CPACA complements these standards. Its principios demand legality of offenses and sanctions, double instance safeguards, and the ban on non bis in idem. I use these principles to test whether an alleged infracción and any resulting sanción comply with statutory limits.
The Corte Constitucional has shaped enforcement practice. In C-038/2020 the Court rejected passive solidarity and required authorities to identify the real responsible person before pursuing sanctions. I invoke that sentencia when liability rests on assumptions rather than proof.
- I align Article 29 and CPACA rules to preserve your right to evidence and appeal.
- I challenge unlawful file entries and demand the exclusion of tainted proof.
- I frame appeals to bring constitutional arguments before the juez and to protect your pleno derecho.
For practical guidance on regulatory standards, see my overview of normativa y procesos sancionatorios.
debido proceso administrativo sancionatorio: guarantees you can actually invoke
I guide clients to activate concrete guarantees that secure their rights when authorities investigate public contracts. I focus on practical steps you can use to demand respect for the derecho debido and to preserve your procedural position.
Right to defense and contradicción: being heard and challenging evidence
I structure your written defensa so you are heard, can request relevant pruebas, and contest opposing proof by contradiction. I raise technical objections to protect your record.
Burden of proof and presunción inocencia before authorities
I invoke the presunción inocencia to require authorities to present lawful, concrete proof for each claim. Shifting the burden back prevents measures based on assumption.
Evidence rules: legality, nullity, and proportionality of sanctions
I review how each prueba was obtained. If evidence violates legal rules, I seek exclusion and nullity of acts that rely on it. I also benchmark proposed sanciones administrativas against the conduct to argue proportionality.
Procedural safeguards: notifications, timelines, and avoiding dilaciones injustificadas
I audit service of notices and enforce lawful notification so terms run correctly. When timelines slip, I lodge objections to prevent prejudice from dilaciones injustificadas.
- I prepare appeals that preserve your procedural and substantive derechos for possible contencioso administrativo review.
- I coordinate experts to challenge technical findings and reinforce admissible evidence.
- I aim to stop actions when authorities pursue the wrong party, securing cessation or redirection of actuaciones judiciales.
Applying due process in state contracting cases: my step-by-step advisory approach
I coordinate every tactical move so you avoid procedural traps and preserve remedies through administrative and judicial review. My work covers the full path from notice to enforcement, with an eye on legality, timelines, and relief before a juez.
From opening of investigation to sanction
Opening review: I verify that the autoridad is competent, that the alleged conduct fits the exact norma, and that notification met legal form. Early objections can halt or narrow the procedimiento.
Dossier strategy: I obtain the full file, plan requests for pruebas, and build a defense tied to the applicable artículo and regulatory framework.
- Timeline control: I track statutory terms and object to unjustified delays so appeals remain available.
- Evidence work: I challenge inadmissible items and secure expert reports to contest technical findings.
- Legality and proportionality: I test whether the authority may impose a sanción and whether measures are proportionate; I negotiate or litigate when they are not.
- Remedies and litigation: I draft appeals and, when needed, file contencioso administrativo claims aligned with relevant sentencias and principios.
- Party identification & non bis in idem: I move to cease actuaciones against non-responsible parties and prevent duplicate sanciones.
- Caducity & execution defenses: I invoke expiration of powers and, if an act is null for breach of derecho debido, I stop enforcement and seek reimbursement with indexation.
For tools and templates on filing challenges and appeals, see my resource on mechanisms of challenge.
Conclusion
,My work turns legal garantías into concrete steps that protect parties in public procurement disputes.
I secure the derecho defensa, check evidence and timelines, and stop unjust sanciones when authorities fail to meet legal standards.
I rely on Article 29, CPACA principles and Corte Constitucional doctrine (including C-038/2020) to test each norma and alleged infracción. When violations occur, acts are null and recoveries may include indexation.
If you face oversight in Colombia’s state contracting field or want preventive counsel, contact me for a tailored plan. Learn how I address breaches in state contracts here.