El debido proceso como protección y tutela de los derechos fundamentales / The due process as a protection and guarantee of fundamental rights

Abstract

This article will develop conceptually and historically the evolution that has had the right to due process, referencing international human rights jurisprudence, the beginnings of US constitutional law, referring also to the constitutionality block and finally the legitimacy that was given to the Colombian legal system through the implementation of the Political Constitution of 1991.Highlighting the values and principles of the Social State of Law and its applications with the objective of seeking the protection of rights already recognized as inherent to the human being. Mainly focused on the inclusion of due process and access to the administration of justice as fundamental pillars for the adequate resolution of conflicts. Appointing in the same way the provisions established in the principles of criminal procedure and how it is applied in the current Accusatory Criminal System, demonstrating all the protection that has due process, with the objective of not infringing fundamental rights and provide necessary guarantees in all and each of the procedural stages.