La acción de tutela en el ordenamiento jurídico colombiano: un análisis de su naturaleza jurídica y su eficacia

The Action of guardianship is a remedy created by the 1991 Constitution as a mechanism for the protection of fundamental rights and, in some cases, also as a means of protecting Social, Cultural and Environmental Rights through the theory of connection. In this work, a historical review of its backg...

Full description

Autores:
Arteaga Arango, Cristian Camilo
Monsalve Arismendi, John Edisson
Tipo de recurso:
Fecha de publicación:
2020
Institución:
Universidad de San Buenaventura
Repositorio:
Repositorio USB
Idioma:
spa
OAI Identifier:
oai:bibliotecadigital.usb.edu.co:10819/7872
Acceso en línea:
http://hdl.handle.net/10819/7872
Palabra clave:
Corte Constitucional
Acción de Tutela
Fundamental rights
Constitutional Court
Action of guardianship
Derechos fundamentales
Tutela
Rights
License
Atribución-NoComercial-SinDerivadas 2.5 Colombia
Description
Summary:The Action of guardianship is a remedy created by the 1991 Constitution as a mechanism for the protection of fundamental rights and, in some cases, also as a means of protecting Social, Cultural and Environmental Rights through the theory of connection. In this work, a historical review of its background is made, as well as a detailed description of its characteristics, the rights it protects, its procedural aspects and the limitations that it has had to face during its time for its proper application. Similarly, some statistics of the ombudsman will be analyzed where we can see how it has been used during these 28 years and what are the most claimed rights through it. In addition, a case-law survey was carried out to describe each of the most relevant aspects of the guardianship action and to provide clarity on the subject