Los fallos de tutela y su alcance jurisprudencial en materia de salud

Abstract

The present work develops different thematic aspects of the evolution of the guardianship action in Colombia from its promulgation in 1991, understood as a mechanism in favor of the citizen for the protection of the fundamental rights enshrined in the same. Highlighting its impact on health, with due regard to its due protection under the premises of new legislation, regulated regulations and judicial precedent. It has been evident that there are many people requesting protection of the right to health through guardianship, so that today we face a misnamed "tutelitis", as if the action of guardianship enshrined in our charter had converted the guardianship into a subsidiary mechanism access to the health service, since the judges of the republic are called to guarantee them, without ignoring that in all cases seeks constitutional supremacy in favor of such rights. Clarifying the above, there were cases in which they have been issued failures of guardianship, ordering a comprehensive treatment without knowing certain medical concepts regarding the dosage and inputs required for certain types of pathologies.