Colombian Court Dispute Over Presidential Candidate's Use of National Football Jersey Reaches Its Conclusion

By Castillo Grau Abogados

During Colombia's 2026 presidential campaign, a Bogotá court briefly became the center of national attention after ordering candidate Abelardo de la Espriella to stop wearing the Colombian national football team's jersey at political events. The case, now resolved, offers a window into how Colombia's tutela system, a constitutional mechanism designed to protect fundamental rights, was invoked repeatedly during one of the country's most closely fought elections in years.

The dispute began on June 3, when the 120th Municipal Criminal Court in Bogotá issued a provisional order in response to a tutela filed by citizen Wilman Ramiro Bocanegra Calderón. Bocanegra argued that De la Espriella's use of the jersey linked a symbol representing all Colombians to a single political campaign, and said the practice made him feel discriminated against and stigmatized. The presiding judge, Aura Luz Forero, agreed and ordered De la Espriella and his party, Defensores de la Patria, to immediately stop using or displaying the jersey in campaign events, advertising, social media and other media platforms, warning that noncompliance could bring contempt sanctions.

De la Espriella rejected the order publicly, stating in a radio interview that he would continue wearing the jersey and was prepared to face any legal consequences, including arrest, rather than comply. He described the ruling as arbitrary and said he intended to appeal.

The order drew criticism from legal commentators, who questioned whether the judiciary should be involved in regulating a candidate's choice of clothing. Constitutional lawyer Juan Manuel Charry argued that the jersey belongs to no one in particular and can be worn by any citizen or candidate. Lawyer Ramiro Bejarano suggested the courts' time would be better spent on more substantive matters.

Commentators also pointed to the fact that Colombia's sitting president, Gustavo Petro, had worn the same jersey during his own 2022 campaign without facing a comparable legal challenge. The Colombian Football Federation, for its part, had said days earlier that it had no legal authority to prevent citizens from wearing the jersey in political settings, while asking that the national team be kept out of electoral disputes.

The controversy escalated further after a criminal complaint alleging misconduct in office, along with a disciplinary complaint, were filed against Judge Forero. On June 4, a separate Bogotá judge, María Isabel Ferrer, struck down the measure while ruling on a related legal action, finding that the original order was ambiguous about who exactly it applied to and disproportionately restricted political participation.

The matter was ultimately settled on June 9, when Judge Forero herself formally revoked the provisional measure, concluding that the original order had not adequately shown how the jersey's use violated fundamental rights. That reversal applied specifically to the interim measure rather than the underlying tutela action itself, which continued through the courts as a separate, unresolved matter.

De la Espriella went on to win a tightly contested runoff election on June 21 against left-wing candidate Iván Cepeda, becoming Colombia's president-elect ahead of his scheduled inauguration on August 7.