Garantía del derecho a la vivienda digna en Colombia mediante la acción de tutela a personas dentro del territorio colombiano; derechos conexos, impacto fiscal y propuesta técnica.

Abstract

Within the urban and housing studies there is a need to analyze the guarantees in the realization of the right to decent housing through constitutional actions. This study seeks to determine whether the guarantee of the right to decent housing in Colombia through the action of guardianship of persons within the Colombian territory is an absolute and imperative right. First, a normative and social analysis is carried out of the consequences caused and to be caused by the guarantee of the right to decent housing in the Colombian territory for all persons, followed by a mixed and pro-positive analysis of the realization of the right to decent housing through guardianship action in the light of the incident of fiscal impact. Thus, as the results show that the realization of the right to decent housing can be hypertrophic if a transitional housing model is not proposed, through the guarantee of related rights to protect the right to decent housing, causing an unprecedented violation. That is why a typology of warm and cold weather housing is proposed that guarantees the fundamental right to decent housing, as well as other related fundamental rights.