Acción de Tutela contra providencias judiciales: elementos, condiciones y crítica
The current Colombian constitutional regime allows citizens toexercise real control over the actions of the State, aimed at fulfilling their essentialpurposes. Sometimes, the motivations of the officials (judges in their orders andofficials in their administrative acts) are misguided, and it is nece...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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2019
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7295671 |
| Baliabidea: | Academia & Derecho, ISSN 2539-4983, Nº. 18, 2019, pags. 275-333 |
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Etiketa erantsi
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| Laburpena: |
The current Colombian constitutional regime allows citizens toexercise real control over the actions of the State, aimed at fulfilling their essentialpurposes. Sometimes, the motivations of the officials (judges in their orders andofficials in their administrative acts) are misguided, and it is necessary to resort toconstitutional defense mechanisms, such as guardianship, to avoid the violation andviolation of fundamental rights, such as Right to work and social security. Whenthe tutela action is used to exercise control over the vices in judicial sentences, it isnecessary to comply with generic and specific grounds for the constitutional action.
The main objective is to determine the conditions established in the jurisprudence for the origin of the action of guardianship against the judicial orders,previously called “vías de hecho”. The study is developed by the jurisprudenceanalysis methodology, therefore, the precedents are studied, to present as a resultthe systematization of the generic and specific causes that are required for the aforementioned guardianship to prosper, The above allows to reach title of conclusionsto the criticisms of the application that the Constitutional Court is giving and thepossibilities of regulation as a solution through the recommendations presented inthe final part. |
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