Recklessness and bad faith

withdrawal of the lawsuit in the electoral annulment trial

Abstract

The purpose of this study was to analyze the implications for the proper administration of justice of withdrawing a complaint in electoral annulment proceedings within the Colombian legal system. To this end, a documentary and bibliographic review of the available literature on withdrawal of complaints and electoral annulment actions was conducted, using a qualitative research methodology with a descriptive approach. It was established that the electoral annulment action is a public action, instituted to safeguard the principles of participatory democracy and legality, and that its procedural structure allows for the withdrawal of the complaint. The analysis concludes that the inclusion of withdrawal of the complaint in electoral annulment procedures opens the possibility that this mechanism could be used to pursue private interests unrelated to the process.