Colombia’s Prosecutor urges court to uphold gambling tax if funds stay in Catatumbo

According to a report by Asuntos Legales, Colombia’s Office of the Attorney General (Procuraduría General de la Nación) has formally requested the Constitutional Court to uphold the taxes on gambling and coal established under Decree 175 of 2025, introduced by the Petro administration during the state of internal commotion in the Catatumbo region.

The petition, submitted by Prosecutor General Gregorio Eljach, argues that the decree meets all formal requirements and does not discriminate based on race, language, religion, national origin, or political belief. However, the Prosecutor conditioned its support for the decree’s constitutionality on the stipulation that all tax revenues be used specifically within Catatumbo to address the impacts of ongoing violence in the region.

“The decree is only constitutional if the funds are allocated to the national budget in a way that addresses the public disorder affecting Catatumbo,” Eljach emphasized in the 27-page document. He added that such resources should support public security efforts, humanitarian aid, and the protection of fundamental rights for the region’s civilian population.

Eljach also noted that the gambling sector has historically been “unnecessarily subsidized,” implying that the imposition of taxes on these activities is justified and timely.

The Office of the Attorney General considers Legislative Decree 175 of 2025 essential for responding to the crisis that led to the declaration of the state of internal commotion. The measure enables the collection of additional funds to counter the root causes of the emergency and prevent its escalation.

“The Procuraduría believes the decree does not violate any fundamental rights or constitutional provisions and passes the proportionality test. It establishes immediately applicable taxes using existing collection mechanisms,” the office stated.

This move comes amid ongoing debates about the regulation and taxation of Colombia’s gambling industry, a sector that has become a significant driver of the country’s entertainment economy.