Los efectos de la acción de tutela contra particulares en los conflictos colectivos laborales Colombianos

Abstract

The analysis of the origin of the tutela action exceptionally for the protection of fundamental rights in the framework of relations between legal persons of the private sector in the context of collective labor disputes, is a problematic topic within the jurisdiction, among the judges of the ordinary way that they act as judges of instance in the resolution of the constitutional action and the Constitutional Court as a closing organ, however in the absence of adequate judicial and administrative mechanisms to avoid irreparable damage in the materialization of fundamental rights, the investigation seeks to account for the duties of the State, employers and workers in their individual conception or as formalized or informal collective organization, to achieve the strategic objectives of Decent Work, in particular the one concerned to promote fundamental rights and active participation in a social dialogue.