Naturaleza jurídica del derecho fundamental de petición alcances de su ejercicio en Colombia como estado social de derecho a la luz del derecho internacional y los diferentes instrumentos internacionales

Abstract

This investigation is focused on the study of the Legal nature of fundamental right of petition, from the perspective of social state of right, in relation to International law, exactly in countries like: Colombia, Chile, Ecuador and some International Treaties; it is found established to constitutional range in the article 23 of the political Constitution of Colombia of 1991, but also it presents a development in the law 1755 of 2015, and case law. In fact it is determined as guarantee or instrument that protects other fundamental rights, in this way the researcher is taken to evaluate its essential elements in which it is become in right of quick protection according to the established by the legislative, even though it drives to the elaboration of a qualitative and inductive method which tries to find likeness and differences such as: law that creates it, time to answer it, effectiveness in the private organizations, modalities, free, and actions in case of violation and so forth. On the other hands, this investigation makes a study of case law in which international courts like: Inter-American Commission of Human Rights [IACHR] and European Court of Human Rights [ECTHR] have decided about the importance and the duty to the restoration of fundamental and human right of petition by those states which are members of the International treaties.