TY  - JOUR
T1  - El incidente del desacato en las sentencias de tutela de los jueces de Bogotá, Medellín, Cali y Neiva (2007-2008)
A1  - López Daza, Germán Alfonso
PB  - Universidad de Caldas
YR  - 2010
UL  - http://biblioteca.ararteko.eus/Record/dialnet-ar-18-ART0000379845
AB  - 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.
KW  - Acción de tutela
KW  - incidente de desacato
KW  - cumplimiento de orden judicial
KW  - eficacia del derecho
KW  - Writ of amparo
KW  - contempt incident
KW  - compliance of judicial decision
KW  - efficacy of law
ER  -