Estudio de sentencias sobre la acción extraordinaria de protección

Abstract

The Constitution of 2008, recognizes a series of rights and to protect them incorporates a series of normative guarantees, public policies, jurisdictional guarantees, as well as public services and citizen participation. Among which is the extraordinary action of protection, recognized in Article 94 of the Supreme Norm of 2008, and which is regulated in its practice by the Organic Law of Jurisdictional Guarantees and Constitutional Control, between Articles 58 to 65, inclusive. The particular aspect of this action is that it proceeds against the final judgments or orders that have violated the rights recognized in the Constitution by action or omission. There is a bad application of this action, since it is filed as an ordinary remedy, with the purpose of reviewing the judgments or assessing the evidence or, more frequently, that the legal rules are applied, which it is inadmissible, since it only has to be considered when the constitutional rights are effectively violated and in the writs or sentences that are final.