Resumo

VASQUEZ HINCAPIE, Daniel José. The Operation Order (Opord) and the Administrative Act: Clarification of the Concepts and Repercussions. Rev. repub. [online]. 2018, n.24, pp.83-103. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2018.v24.a41.

From the legal point of view, the Operation Order (Opord) and the Administrative Acts have a different scope of action. The entities that issue Administrative Acts, for example, must proceed within the limits of their competence. If they exceed, the Council of State considers that these acts are improper, and its intensity will depend on the nature of the excess committed. In practice, there are several questions that denote confusion and doubts about the real scope of these two terms: is the Operation Order an Administrative Act? Are the Military Forces authorized to issue Administrative Acts? Or in what cases? Why is it that the Military Forces, in addition to fulfilling its institutional mission, are fulfilling the functions of the Police? This research intends, among others, to answer these questions, to explain not only the concepts and the differences, but the consequences that the Country has suffered due to the misinterpretation of them.

For this purpose, the methodology of legal hermeneutics was used. Within some of the results of the investigation, it was found that, without corresponding to the military attributions to create, modify or extinguish rights on its own initiative, only in case of war, the Operations Order, within the framework of the internal conflict, are execution instructions to materialize legal or political decisions against armed elements that oppose the government, with precise equivalence to the police service orders.

Palavras-chave : Administrative Act; Military Forces; Execution Orders; Operations Orders; Service Orders; Police.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )