El incidente del desacato en las sentencias de tutela de los jueces de Bogotá, Medellín, Cali y Neiva (2007-2008)

The incident of contempt is a legal instrument which people who have been protected a fundamental right by means of a writ of amparo can count with. Its ultimate goal is to push the immediate compliance of the order issued by the judge, with the threat of a legal sanction to public or private offici...

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Bibliographic Details
Main Authors: López Daza, Germán Alfonso, Serrano Ramos, Leidy Viviana, Núñez Benavides, Lucy Miriana, Rincón Rojas, Chirstian Camilo
Format: Article
Language:Spanish
Published: Universidad de Caldas 2010
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Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=3360764
Source:Jurídicas, ISSN 1794-2918, Vol. 7, Nº. 1, 2010, pags. 93-116
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Summary: The incident of contempt is a legal instrument which people who have been protected a fundamental right by means of a writ of amparo can count with. Its ultimate goal is to push the immediate compliance of the order issued by the judge, with the threat of a legal sanction to public or private officials who have violated or are in the process to violate the fundamental constitutional rights, and who, with a protection order expressed through a writ of amparo, appear reluctant to the compliance of such an order which is besides peremptory and mandatory. This penalty is provided for in Articles 27 and 52 of Decree 2591 from 1991. In recent years in Colombia frequent cases have been presented in which the writs of amparo are evaded by those destined to their compliance, and great difficulties have been present in the legal practice at the moment of applying the sanctions resulting from the contempt incidents. In this context, this research was conducted by taking as its starting point the situation in four cities by applying an instrument to some existing incidents in the years 2007 and 2008 in the courts of different areas of knowledge and hierarchical order, and by taking a sample to characterize and determine the degree of efficacy of this important tool. The cities analyzed by the group Nuevas Visiones del Derecho were Medellin, Cali and Neiva. The Research Group on Human Rights from Universidad del Rosario gathered the information of the samples referenced in this document in Bogota during 2007.