To Give Life to the Law: the ‘acción de tutela’ and the defense of social rights in Colombia [Darle vida al derecho: la acción de tutela y la defensa de los derechos sociales en Colombia]
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Fecha
2023Autor
Saldarriaga D.A.O
Arango F.P.
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The purpose of this paper is not only to offer a presentation of the "acción de tutela", but also to question its exercise in Colombia. The main argument is that this exercise is closely linked to social rights and that since the introduction of the "acción de tutela" by the Colombian Political Constitution of 1991, this constitutional mechanism has an eminently social character, which was consolidated with the possibility of defending social rights. Therefore, it is concluded that, first, the statistical analysis of the exercise of tutelas in Colombia reveals that for decades the defense of these rights has been the main claim; and second, that the 1991 Constitution is part of a broader regional phenomenon, either the "New Latin American Constitutionalism" or the "Ius Constitutionale Commune", whose emphasis is the transformation of social reality by overcoming inequality, which is obtained in Colombia through the protection of fundamental social rights. © (2023). All Rights Reserved.
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