Maestría en Gobierno y Políticas Públicas (tesis)
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Examinando Maestría en Gobierno y Políticas Públicas (tesis) por Autor "Álvarez Méndez, Juan Fernando"
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Ítem Propuesta para modificar la Ley 131 de 1994, estableciendo un marco normativo a los programas de gobierno y su método de control(Universidad EAFIT, 2023) Muñoz Ocampo, Rodrigo José; Álvarez Méndez, Juan Fernando; Ramos Villa, María EugeniaSince the Political Constitution of 1991 began to apply throughout the national territory more than three decades ago, the article 259 incorporates an essential instrument to consolidate participatory democracy through programmatic voting, a constitutional mandate that would later be regulated by law 131 of 1994 and determined the structure and functionality of the Government Plan, and made it mandatory when the aforementioned Law defined its presentation to the Registrar's Office at the time of inscription of the candidate; however, without being an instrument of territorial planning and considering that the Supreme Constitutional Court through file No. P.E.-001, declared the article 4 unenforceable, which somehow intended that government plan had a minimum content and so the candidates would be committed to achieve certain goals and objectives, as was proposed in article 8, also declared unenforceable,. it is worth asking ourselves today if ¿is it not necessary to raise this discussion again? According to the analysis of the data in this work, it is clear for us that many of the aspirants to mayors and governorships give little importance to the technical structure of their Government Plan and the proposals that they are going to include in their respective programs, regardless of the fact that the Government through the DNP, publishes, every four years a series of guides proposing minimum contents that would help to have a real programmatic vote. This work analyzed two municipal government plans with characteristics of acceptable living conditions for their inhabitants and a growing level of development; through the analysis we were also able to evidence the contrast of building proposals with high technical content obeying the needs of the territory and its impacts to achieve better living conditions for its citizens, articulated in the way of programs and projects that easily made part of the Municipal Development Plan, compared to other proposals without the slightest technical content and without considering sources or official data as a starting point to feed these proposals, all this going against the quality of the programs and therefore the objective of the programmatic vote. Finally, based on the analysis of the data, we formulate some conclusions and recommendations so that the legislature takes them into consideration for a possible reform of Law 131 of 1994. Keywords: Government program, programmatic vote, Political Constitution, Development Plan, Law 131, Supreme Constitutional Court, unenforceable, technical content, Mayor's Office, Government, legislative