Accion De Tutela Marco Legal

Article 40 Special powers. If judgments and other court orders terminating the proceedings and issued by the higher judges, the courts, the Supreme Court and the Council of State threaten or violate a fundamental right, the corresponding superior is responsible for deciding on the action for protection. Article 37 First instance. The competent judges or courts of the place where the offence or threat giving rise to the lodging of the application are competent to bring an action for protection and prevention. It will also entail the criminal liability that may arise to anyone who repeats the act or omission that motivated the guardianship granted by an enforceable decision in the process in which he was involved. Article 42 Origin. The Tutela trial will take action against the acts or omissions of individuals in the following cases: Article 9. Optional exhaustion of the government route. It is not necessary to first request the restoration of rights and another administrative remedy to apply for guardianship. The person concerned may lodge administrative appeals, without prejudice to the fact that he exercises the action for supremacy directly at any time. Article 4 Interpretation of protected rights.

The rights protected by Action Tutela must be interpreted in accordance with the international human rights treaties ratified by Colombia. Article 27 Execution of the judgment. After the promulgation of the guardianship judgment, the authority responsible for the complaint must comply with it without delay. Paragraph 4. Guardianship decisions against guardianship will not be upheld. Article 36 Effects of the review. Decisions to review a provisional decision shall take effect only in the particular case and shall be notified without delay to the competent court or tribunal of first instance, which shall notify the parties of the judgment of the Court of Justice and take the decisions necessary to bring its judgment into conformity with the provisions of the Court of Justice. Article 18 Immediate reset. The judge hearing the application may protect the law, waiving any formal examination and without prior investigation, provided that the judgment is based on evidence that would infer a serious and imminent violation of the law or a threat to the law. Paragraph 2. The reckless exercise of the protective measure in respect of judgments imposed by the judicial authority on the staff member is a ground for disciplinary action. For that purpose, it shall be transferred to the competent authority.

Any person who has appealed or who has the legal defences may apply for protection even if it is used as a transitional mechanism to avoid incurable harm. This can also be done by anyone who does not have another judicial defense mechanism in the specific case, provided that the action is filed within 60 days of the purpose of the order that would have terminated the process. Where the remedy for protection is used as a transitional mechanism to avoid irreparable harm, it may also be exercised in combination with the action for annulment and other precedents before the jurisdiction of the administration concerned. In such cases, the court may, if it considers it appropriate, order that the act in question not be applied for the duration of the proceedings in relation to the specific legal situation for which protection is sought. Article 1. Object. Every person shall bring an action for protection before the judges at any time and in any place by means of a preferential and accelerated procedure by himself or by the person acting on his behalf if he is harmed by the act or omission of a public authority or by individuals in the cases referred to in this Decree. Every day and every hour is the working time to bring the guardianship lawsuit. Article 41 Lack of legal development. The absence of legal developments in a fundamental civil or political right cannot be invoked to prevent its protection. The particularities offered by the action for protection are as follows: If the guardianship is rejected or rejected by the judge, the judge will order the plaintiff to bear the costs if he reasonably considers that he acted recklessly. Article 17 Rectification of the request.

If the fact or reason for the application for guardianship cannot be established, the applicant is prevented from correcting it within three days, which must be expressly stated in the appropriate order. If you do not correct it, the application may be rejected in its entirety. Challenge under Article 39. Under no circumstances will rejection be appropriate. The judge must declare himself unable to act if the grounds for obstructing the Code of Criminal Procedure are met, on pain of a corresponding disciplinary sanction. The judge hearing the guardianship decision must, if necessary, take appropriate measures to initiate disciplinary proceedings. Guardianship will not continue because of an incorrect judicial interpretation of the law or to challenge evidence. In any event, the judge may base his decision on all means of evidence to grant or refuse guardianship. Article 14 Content of the application. Informality. The application for guardianship shall state as clearly as possible the act or omission giving rise to it, the right deemed to have been violated or threatened, the name of the authority, if possible, or body that committed the threat or complaint, and a description of the other circumstances relevant to the decision on the application. It also contains the name and place of residence of the applicant.

Article 11 Lapse. An action for protection may be brought at any time, with the exception of those brought against judgments or court decisions terminating the proceedings which expire two months after the execution of the order concerned. Article 5. Origin of the Tutela action. The Tutela action must take action against any act or omission of the authorities that violates, violates or threatens to violate any of the rights referred to in Article 2 of this Law. It shall also take measures against the acts or omissions of individuals in accordance with the provisions of Chapter III of this Decree. The origin of guardianship does not depend in any way on whether the action of the authority or the individual has manifested itself in a written legal act. Article 10 Legitimacy and interest. The action for protection may be brought at any time and locally by any person who has violated or threatened any of his fundamental rights, who acts himself or through a representative. The powers are considered authentic.

A lawyer who promotes the submission of several acts of tutela in relation to the same facts and rights will be punished by the suspension of the professional card for at least two years. In the event of a relapse, your business card will be cancelled, without prejudice to any other sanctions that may be applicable. The person who sues Tutela must declare, under the gravity of the oath, that he or she has not presented anyone else in relation to the same facts and rights. Upon receipt of the request, you will be notified of the criminal consequences of false statements. 3. When it comes to protecting collective rights such as peace and the rights referred to in Article 88 of the Political Constitution. The foregoing does not prevent the owner from demanding the protection of his rights, which are threatened or violated in situations where collective interests or rights are infringed, in order to prevent irreparable harm. Article 49 Delegation in personeros. In each municipality, the personero, in his capacity as defence lawyer within the territorial unit concerned, may, by express delegation of powers from the Ombudsman, bring or represent protection actions in which he intervenes directly. In all cases, the party concerned must perform this act within a maximum period of four (4) months after the guardianship decision.