Publicación:

El juez de tutela y el control difuso de convencionalidad

Resumen

The tutela action is an element created with the Political Constitution of 1991, which has the purpose of protecting the fundamental rights of all individuals; nevertheless, and given the great progress that is evident in international legal systems regarding the protection of individuals in their personal sphere; it was determined, the application of the American Convention on Human Rights in the decisions adopted within the judicial branch. The study of control of conventionality and its application in the tutela action, that the application of international regulations make the constitutional judges and thereby determine the need to complement the Colombian legal system, with the objective of having all the legal guarantees necessary to defend and protect the rights recognized in the American Convention on Human Rights. For this reason, the investigation was carried out based on the analysis of the constitutional action of tutela, afterwards the conventional control figure developed in the American Convention of Human Rights was studied, in order to determine in this way the viability of the application of this, for reform the mechanism for the protection of fundamental rights, such as the tutela action.