Las nuevas modificaciones a la Ley 1437 de 2011 en el marco de las garantías fundamentales del Estado Social de Derecho.

Abstract

With the issuance of Law 1437 of 2011, the legislator enacted the Code of Administrative Procedure and Administrative Litigation, which came into force on July 2, 2012, and whose main objective is to guarantee citizens the full exercise of their rights and freedoms, the primacy of the general interest, the subjection of the authorities to the provisions of the Political Constitution and the normative regime, the fulfillment of the purposes of the state, the efficient functioning of the administration and the observance of the duties of the State, as well as individuals. Through the so-called CPACA, it was sought to guarantee each of the principles that make up the legality of the judicial process through stages or hearings, such as concentration, publicity and immediacy, procedural principles that strengthen loyalty and frank dialogue between the judge and the parties. . In other words, in general terms it is a comprehensive normative compendium. However, within the framework of these substantive and procedural provisions in the administrative jurisdiction, several debates have been elucidated regarding the powers assigned to the Council of State, limitations regarding the integration of information technologies and communication, among others, which is why the main idea of ​​this research article focuses on determining the paradigmatic changes that the new norm brought and what would be the comparison with the previous law, based on the relevance of the constitutionalization of the function public with the consequent realization of fundamental rights in administrative headquarters. Likewise, to guarantee legal certainty through the unified application of the jurisprudence of the Council of State, both in administrative and judicial settings.