La tutela como mecanismo para la protección del derecho fundamental a la salud.

Abstract

It is the tutela one of the most important tools for the defense of fundamental rights in our society; its practicality and easy procedure for its implementation, permit the user to defend his legal interest in a prompt and timely manner, preventing irreversible damage that may occur if appropriate measures are not to take. This mechanism for the protection of fundamental rights based on Article 86 of the Constitution of Colombia, is the right to protect the right to health often violated by various actors in the health sector, therefore, it is necessary to establish the moments in that protection becomes more important, considering that the involvement of a right as health can be as harmful as it can cause a catastrophic illness effects. In this paper, we will discuss when it can be applied and the scope of it, which perhaps was not foreseen in its origins, also different rulings of the Constitutional Court whose object is the recognition of the right to health as discussed a fundamental right and not as one related to life, as was previously seen in the legal field.