Necesidad de procedencia del recurso de casación contra autos de segunda instancia emitidos por jueces de conocimiento.

Abstract

The limitations to the extraordinary appeal of cassation are not only presented with respect to the presentation of the demand in compliance with the due support and formulation of the charge and the cause, but also by preventing it from being only admissible against judgments of second instance issued by courts superiors of the judicial district, this is how the second instance orders issued by the judges of knowledge regarding Mechanisms Substitutes for the Deprivation of Liberty and Rehabilitation, according to the content of Article 478 of Law 906 of 2004, also compromise rights of persons deprived of liberty; therefore, they are of great importance when resolving requests for parole and house arrest where the interested parties must prove the requirements contained in article 64 and 38B of the C.P., therefore, it requires the judge to make an assessment that is not free of errors in proceeding or in iudicando; for this reason, this work will develop the urgent need to enable the appeal against these orders and the way in which this refusal can violate fundamental rights such as the administration of justice, due process and the freedom of persons deprived of liberty. Important words: Substitute mechanisms, conditional freedom and house arrest, resources, cassation, judicial decisions.