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- Title
Acción de Tutela contra providencias judiciales: elementos, condiciones y crítica.
- Authors
Higuera Jiménez, Diego Mauricio
- Abstract
The current Colombian constitutional regime allows citizens to exercise real control over the actions of the State, aimed at fulfilling their essential purposes. Sometimes, the motivations of the officials (judges in their orders and officials in their administrative acts) are misguided, and it is necessary to resort to constitutional defense mechanisms, such as guardianship, to avoid the violation and violation of fundamental rights, such as Right to work and social security. When the tutela action is used to exercise control over the vices in judicial sentences, it is necessary 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 jurisprudence analysis methodology, therefore, the precedents are studied, to present as a result the systematization of the generic and specific causes that are required for the aforementioned guardianship to prosper, The above allows to reach title of conclusions to the criticisms of the application that the Constitutional Court is giving and the possibilities of regulation as a solution through the recommendations presented in the final part.
- Subjects
ADMINISTRATIVE acts; SOCIAL security; SOCIAL &; economic rights; CIVIL rights; CONSTITUTIONAL courts; DEFENSE in depth (Computer security)
- Publication
Academia & Derecho, 2019, Vol 10, Issue 18, p275
- ISSN
2215-8944
- Publication type
Article
- DOI
10.18041/2215-8944/academia.18.6004