Propuesta de marco jurídico para el ejercicio de la potestad coactiva.

Abstract

This work has as background the need to regulate coercive power, Self-tutelage conferred exceptionally in favor of the state; when this power is delegated by Law to Private Financial Institutions whose majority shareholder is the state, considering that currently some credit titles are issued by employees who do not have the quality of public officials and collect private portfolio that is not instrumented in a public document . Is framed ourselves in the field of public law, specifically in administrative law. The objective of this research is to propose a rule for the State; through one of its central administration bodies, be the authority that issues the collection order and authorizes the issuance of credit titles in private entities with coercive power, through a digital tool that allows this control. To achieve these objectives, the qualitative method was applied, with the study of the antecedents of coercion, the origin of self-protection; the regulations that delegate this coercive power were analyzed; The bibliography that allowed to develop this topic was reviewed, obtaining as a result to verify that the Financial Institutions deviate from the legal framework when collecting debts NOT acquired with the State, NOR contained in public instruments. In conclusion, this research work prepared a proposal to exercise control through a digital tool that, in these cases, allows public officials to act in the genesis of the coercive process that is the collection order and the issuance of titles. of credit.