La eficacia de la acción de tutela en Colombia.

Abstract

Since the enactment of the 1991 constitution, the Colombian legal system had the vision of safeguarding the rights of Colombians, thus, substantial changes were introduced with respect to the previous political constitution to fulfill this purpose, the tutela action was regulated through the decree 2591 of 1991, which establishes the procedure to go before constitutional judges when their fundamental rights are violated in order to seek their effective protection.

Although the guardianship was created to fill the gaps in the protection of constitutional rights, within the framework of a model of social rule of law, it is denoted in reality that these guarantees do not materialize since the judges' rulings are subject to omissions On the part of the defendants, this is why contempt is increasing every time, which goes hand in hand with the bad practices of the defendants who do not properly accept the rulings of protection, evidencing bad faith and hindering the full protection the fundamental rights established in the postulates of the political charter.