Relación entre la personería municipal y los derechos fundamentales de los ciudadanos: un análisis en la ciudad de Villavicencio

Abstract

This research analyzes the relationship between the Municipal Ombudsman's Office (Personería Municipal) and the protection of fundamental rights, focusing on the case of Villavicencio, Colombia. Based on a review of the constitutional and legal framework governing the Public Ministry at the local level, the study examines the competencies, limits, and legal mechanisms available to municipal ombudsmen in safeguarding citizens' fundamental rights. The research considers the normative foundations established in the 1991 Political Constitution and relevant laws such as Laws 136 of 1994, 489 of 1998, 472 of 1998, and 2422 of 2024, as well as constitutional case law. It further explores the specific legal tools used by municipal ombudsmen, including tutela actions, popular and group actions, disciplinary intervention, administrative oversight, participation in judicial and administrative proceedings, and citizen assistance and conciliation. The analysis of the Villavicencio case demonstrates that the Municipal Ombudsman's Office plays an active and meaningful role in protecting rights such as health and access to public services. The study concludes that the Personería Municipal functions as a key territorial institution within the Social Rule of Law, contributing both directly and indirectly to the effective protection of fundamental rights.