Impacto de las medidas cautelares, decretadas por los Jueces Administrativos del Circuito de Bucaramanga, en la protección provisional de derechos de los ciudadanos e intereses legítimos de la administración (2012-2021)

Abstract

Effective judicial protection and its protection are provided for in the Universal Human Rights System, the American Regional Human Rights System, the Political Constitution of Colombia and the Statutory Law of Judicial Administration -LEADJ-. Precautionary measures are an instrument to guarantee effective judicial protection. Before the Administrative Litigation Jurisdiction before the issuance of Law 1437 of 2011, only provisional suspension was provided for as a precautionary measure, however, this provision expanded the type of precautionary measures to conservative, anticipatory and suspensive, as a reflection of the new constitutional model where, in addition, the emergency precautionary measure was created. In accordance with the above, taking into account that to date more than 10 years have passed since the entry into force of Law 1437 of 2011 and the impact of the precautionary measures decreed in the ordinary contentious-administrative processes processed before the Judicial Circuit is unknown. of Bucaramanga in the provisional protection of citizens' rights and legitimate interests of the administration, an analysis is carried out in which the rights and/or legitimate interests object of the requests for precautionary measures, the type of measure requested, the time of response and favorability, in order to verify whether this tool constitutes a mechanism for the temporary protection of the rights of citizens and legitimate interests of the administration, who access the administration of justice in search of materializing them. The methodology used a mixed approach (quantitative and qualitative) with the collection, measurement and analysis of data through the concepts and variables implemented, also allowing an influential relationship between them. The scope was correlational since the relationship between the variables was measured: precautionary measures and protection of legitimate rights and interests. And a type of sample was used that was probabilistic and was applied to all cases presented from 2012 to 2021 in the Administrative Courts of the Bucaramanga Circuit.