La autotutela administrativa como potestad y garantía de los derechos fundamentales frente a la presunción de legalidad en los actos administrativos.

Abstract

The purpose of this research article is to analyze administrative self-protection as a power of the administration and guarantee of the fundamental rights of the citizen. Therefore, it is necessary to study the figure of the legality presumption in administrative acts. For this, it is necessary an analysis of the prerogative´s concept of the pre-low, in other words, its characteristics, types, and development in the Colombian´s legal system, likewise, it will be analyzed the self-protection against the figure of the legality presumption in the administrative acts, issued by the administration that bind a citizen. A study of the constitutional boundaries for the exercise of the self-custody in the Colombian Legal System will be carried out, this study makes it possible to establish that the administration faculty is not absolute and even if the will of the individual is not required whether the rights and guarantees of the citizen must be respected. Likewise, some cases where administrative self-protection materializes will be indicated. The previous ideas allow establishing the development of the authority in the legal system as the concept, characteristics, and types, justifying itself in the pursuit of the law doctrine and jurisprudence of the constitutional court and the council of state. In conclusion, administrative self-protection is materialized to achieve the purposes of the state and at once the general interest, for the above reasons, it is considered a tool that seeks the effectiveness of the state actions without the intervention of a natural judge. Any administrative act issued by the administration must seek to ensure respect for the minimum rights of the citizen with the purpose of that the individual does not have to resort to the jurisdiction of the contentious administrative courts.