ACTIVITY OF PROTECTION MECHANISMS

POLITICAL CONSTITUTION

Oscar Fabian Granados Balcucho

GROUP 29322B

Karen Daniela Muñoz Páez (01210281029)

Dilia Cristina Martínez Martínez (01210281001)

Paula Daniela Londoño (01210281048)

Paula Andrea Durán Martínez (01210281035)

Juan Camilo Álvarez Mendoza (01210281054)

Nursing, Second Semester

Faculty of Health Sciences, University of Santander

2021-B
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ACTIVITY OF PROTECTION MECHANISMS

Right of Petition

The right of petition as already mentioned is a request that is made to the authorities or

the different corporations. Which is the main legal mechanism used by citizens to allow access to

all branches of public power. Considering it thus the issuer and transmitter between the regime

and civilians. This gives us the opportunity to obtain information on the information required by

whoever requests it, taking into account that they are intimate or general, in order to present them

and obtain a determination of the case.

On the other hand, the right of petition is represented and makes loans of its power to

exercise activities by the chamber of commerce, non-governmental organizations, and other

organizations with public resources. It should be taken into account that they are for judicial

cases, thus remembering that they have both public and private entities in charge that the state

has been delegating each one for functions in their favour, also remember that the right to

petition is considered a fundamental right established in Article 23 of the Political Constitution

of Colombia.

To take into account some bases for making a right to petition are: the date, entity to

which it is addressed, name and surname of the person requesting, reasons for the request,

contributions of evidence and finally the signature and address of the person who asks.

Finally, with the right of petition, we have great benefits for civilians, since we expand

their knowledge with respect to the fundamental rights set out in the constitution, thanks to that

the possibility of knowing whether or not they are violating any of them and thus will be more

consistent presenting a right to petition that favours us, the entities and the entire country in

general.
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Guardianship Action

This action will only proceed once the injured party does not have another means of

judicial custody, unless it is used as a temporary mechanism to avoid irreparable damage. Based

on the content of this essay, we have the possibility of conceptualizing the protection action as a

“subsidiary, residual and autonomous judicial action, aimed at allowing the constitutional control

of the occupations or omissions of each one of the public authorities and, extraordinarily, of

individuals. ", Managing to be filed" by anyone for the prompt and positive custody of the

primary rights once it is urgent to avoid irreparable damage or once there is no other means of

judicial protection that serves for such purposes. "

If the authority does not issue the administrative act of special scope or sends it to the

judge within 48 hours, the judge will be able to count on the essentials so that the right is freely

exercised without further requirements. The guardianship action which seeks is to prevent the

violation of a right that is being violated or that is threatened, in such a way that compliance with

the guardianship ruling will not prevent proceeding against the public authority, if the

occupations or omissions in which incurred generate any type of responsibility.

We have the possibility to conclude that guardianship activities are one of the various

mechanisms with which we have the possibility of defending ourselves against the law, against

the violation of certain of our own fundamental rights. As has been observed, the primary rights

in history have been violated in many ways. Due to these violations and violations, mechanisms

have been developed to safeguard these rights or to prevent the violation of said rights.

These mechanisms have made their way through history and time safeguarding

primordial rights and giving firm principles to our own recent constitutional mechanisms, one
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and perhaps the most relevant of all is the Tutela Action that could be used by all people in case

of a violation of their rights and this action should be responded to by the authorities in charge

for their immediate enforcement.

Habeas Data

It is a constitutional process that serves to speak according to the doctrine to written

mechanisms to the constitution of a democratic State, free with the purpose of sheltering the

effective validity of the guarantees of the constitutional rights of the same constitution

recognizes and protects. In other words, it is a jurisdictional act, which ensures the inhabitants

the right to receive information they have about them, whether good or bad. This is an

indispensable right which seeks to prevent injustices and thus provide help to protect in case of

being affected.

The right of access to public information comes from a democratic requirement and also

from the need for transparency. The constitutional process habeas dates as well as the other

constitutional rights constitute the essential presuppositions for an adequate functioning of the

democratic system and the concretizing instrument of the values, principles and rights. The topic

that is most covered around the law is that referring to financial information, these data are what

allow a subject to have access to a credit history that accounts for their responsibility when

paying debts. In order for the claim to have a date to proceed, the plaintiff must demonstrate that

previously the judicial process has claimed for a document of a certain date, it is respect for their

right and that the defendant has been ratified in its breach or has not answered within the

established period.
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ACTIVITY OF PROTECTION MECHANISMS

Habeas Corpus

Habeas corpus is the public action that protects personal liberty when someone is

captured in violation of their legal guarantees, or when someone's deprivation of liberty is

illegally prolonged. Is available to all citizens who are detained, and based on it, they will be able

to testify as soon as possible (and if they so wish, publicly) before a competent judge who will

listen to the testimony to determine if their arrest corresponds or not.

This enables all those who consider that their freedom is threatened in an irregular way,

to appear before the justice and determine it effectively. In addition, it does not have too many

formal implications and can even be requested orally.

These considerations, even though they may seem formal, refer to the defence of the

appeal even when the action of the State or the justice was in favour of these arbitrary detentions,

or when the people did not have much instruction. For example:

• When a person is receiving surveillance at home in an unjustified manner.

• When custodial sentences are unjustifiably aggravated.

• A person is detained but it is not possible to locate him, it can be done through third

parties.

Habeas Corpus is undoubtedly the mechanism par excellence for the protection of

personal freedom, as history has shown, who teaches us that since time immemorial man has

sought a way to defend himself against the arbitrariness of state power. Therefore, it is not only

established as a technical formality, but also as a right that provides the power to claim before
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ACTIVITY OF PROTECTION MECHANISMS

the jurisdictional bodies the restoration of freedom from illegal detentions. That is why its

constitutional consecration is an element that has not been able to be ignored by the vast majority

of modern constitutions when establishing in their norms the importance of this guarantee.

When it comes to legislatively developing this imperative mandate, it has been done by

establishing a special and preferential process, of limited cognition, (insofar as it only subscribes

to a specific situation), within the multiple processes that integrate the criminal adjective norms.

Possessing the same unique characteristics that contribute to the demands of the immediacy with

which the conflict must be resolved, and to the simplicity that it requires when it is necessary to

invoke it by anyone.

Therefore, taking into account its importance, it is necessary to be able to delimit the

legal requirements to deprive a person of liberty, in order to be in a position to specify when a

Habeas Corpus petition proceeds. Budgets, which must be in correspondence with the exactions

of freedom and legal security, and in this way be able to justify the constraints to a principle as

elementary as full freedom: indispensable and exclusive conditioning for the integral

development of the human being.

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Bibliography

Andrés Felipe Martínez. (2018). What is Habeas Corpus? Criminal Counselling. Available in:

https://www.asesoriapenal247.com/habeas-corpus/

Political Constitution of 1991. República de Colombia. Available in:

https://pdba.georgetown.edu/Constitutions/Colombia/colombia91.pdf

Bogotá Mayor's Office. (2020). Everything you need to know about the Right to Petition.

Available in:

https://shd.gov.co/shd/sites/default/files/files/despacho/disciplinarios/Cartillas/Cartilla_de

recho_de_peticio n.pdf

Ministry of Justice. (2020). ABC of the right to petition in Colombia. Available in:

https://www.minjusticia.gov.co/serviciociudadano/Documents/ABC_Derecho%20de%20

Peticio%C2%B4n_cartilla.pdf