Publicación: La acción popular con solicitud de medida cautelar
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In the present study seeks to present the guarantor instrument of popular actions, as a tool that enjoys the highest relevance in the recent development of administrative law, taking into account that since its inception part of the breakdown of the old individualist right, entering the path of recognition, acceptance, defense and guarantee of collective and diffuse rights and interests. In this order, popular action has evolved and strengthened in recent times as an appreciated instrument to guarantee, mainly, the rights of solidarity, founded and sustained by the concept of general public interest, granting, therefore, administrative law a content and material object different from the simple individual right, holder of procedural instruments structured in the exclusive direction of the defense of the same that are specified, for example, in the modern configuration of institutions as the precautionary protection in the field of collective litigation. This study focuses on the analysis of urgent precautionary measures decreed by the legislator, in the process of popular action, in order to suspend the activity derived from an administrative act. The aforementioned budgets for the origin of a precautionary measure, in accordance with the aforementioned regulations, relate to the following: a) firstly, that the imminence of a damage to collective rights be duly demonstrated in the proceeding or that the same has been produced, this in order to justify the imposition of the precautionary measure, which is to prevent the damage that is about to take place or cause the one that has already been consummated to cease; b) secondly, that the decision of the judge when declaring the precautionary measure is fully motivated; and c) thirdly, in order to adopt that decision, the judge must take into account the arguments contained in the petition raised by the plaintiff, so that such measure is decreed, which, logically, does not prevent the judge from informally, in accordance with to the elements of judgment that militate in the performance, comes to the conviction of the need to decree a precautionary measure and proceed in that sense For this, we turn to the law and the main jurisprudential sources of the Council of State, that is, the Constitutionality, Unification of Jurisprudence sentences, as well as the bibliographic sources (Books, journal articles, degree theses) that they develop the theme of popular actions with urgent precautionary measures, from different spheres. The previous research had as a preliminary objective, With the above, it was sought to understand the application of precautionary measures of urgency in popular actions, tools with little legal use by both the operator and the same actors in a Social State of Law such as ours.