El juez natural: La clave para la protección efectiva de los derechos fundamentales mediante la acción de tutela

Abstract

The need for measure to be taken with an eye for the immediate protection of rights is a reality that has been accepted by the majority of world countries, some even as early as before 1948, with the publication of various International Conventions stipulating this obligation of the States to their inhabitants. This is how in Colombia, with the issue of the Political Constitution of 1991, the tutela action was introduced into the legal system, and since it has acquired particular relevance since it is the constitutional act that renders this adjacent protection of rights effective, something of which all judges in the Republic are aware, regardless of whatever specialty or subject matter they may have. One of these rights is the right to a living wage, which denotes providing each person with conditions that ensure a decent standard of living. Over the years, this action has begun gaining ground, but it does not in all cases fulfill its purpose, thus causing greater judicial congestion. This calls for the establishment of a competition standard – specialized judges and judges dealing in a narrow subject matter, accumulating knowledge of these actions in search of greater effectiveness and less workload for ordinary jurisdictions in the country.