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The correct application of the proportionality principle in disciplinary matters, has generated a series of conflicts for the disciplinary judge at the moment to sanction the officers of the Judicial Branch, generating in some occasions a strong tension with other constitutional and legal principles, whereby its pretended with this document to stablish if actually the proportionality and legality principles are rightly applied, specifically about the officers of the Judicial Branch, investigated and judged by the Sectional and Superior Councils of the Judiciary. This article pretends then to determine, if the normative elements inside the 734 of 2002 Law, are sufficient and suitable to applicate correctly the proportionality principle harmonically with the legality principle, at the moment to stablish the disciplinary sanction that is imposed to the officers of the Judicial Branch; all this developed under the frame of a legal social investigation, that inquires at the bottom of the disciplinary jurisdiction —disciplinary operators— the legal and factual phenomena that they deal with at the moment to quantify the sanction, using at the time an inductive deductive investigation method, analyzing a few disciplinary decisions where officers of the Judicial Branch had been sanctioned. Finally this dissertation will be developed analyzing the application of this two principles in the disciplinary, legislative field and the decisions of the Constitutional Court, to present a series of recommendations facing the application of the disciplinary power in the investigations followed to the officers of the Judicial Branch.

The Inter-American System through the instruments through which acts have been commissioned to give content to each of the rights recognized in the American Convention. The right to freedom of expression has not been oblivious to the doctrinal and jurisprudential development of inter-American system; against this right they have developed inter-American standards regarding freedom of expression on public officials and candidates to charges related Pubic turn to other human rights such as honor and privacy. Therefore, this article intends to expose the inter-American standards on public officials or individuals interested in holding public office in the light of sui generis protection threshold that such persons hold due to their status as public figures.

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