Programas de cumplimiento e investigaciones internas: una aproximación a sus problemáticas

Abstract

For various reasons, legal entities have a greater interest in legal compliance. The preceding has promoted the development of compliance programs aimed at the prevention, detection, and reporting of possible infractions committed in the course of its activity or on the occasion of it. However, for these tools to be effective, they must include internal investigations, which do not grant the employer the right to violate the guarantees of the persons involved in the facts under investigation and do not authorize them to obtain information or evidence in any way. This situation proposes tension in the Colombian legal system, to the extent that the legislator says little or nothing about the limits of compliance programs. As a right in conflict, privacy serves as an example to illustrate the importance of normatively and jurisprudentially setting the limits in question.