Timely presentation of the action of tutela to demand fundamental rights

Abstract

The research made on the social security topic in reference to retirement pension, constitutes a significant contribution for it efficiency and effectiveness that fundamentals rights claim from the ordering legal Colombian. The research purpose was to know and evaluate different Court constitutional pronouncements about principle of immediacy, as essential part of constitutional procedure, for interpose and accept the action of guardianship in what has to see with the protection of fundamental rights. The methodology is based in legal technique of jurisprudence lines, which allowed develop the line on immediacy principle of action of guardianship to demand fundamental rights, by presenting, in a deductive manner, a general overview of guardianship action characteristics and a synthesis of Constitutional Court pronouncements with regard to this principle for understanding the current posture and change that has had the constitutional interpretation especially in relation to the protection of fundamental rights. As conclusion, the research allowed determine that people that interpose an action of guardianship must do it within an appropriate term to receive the protection of their fundamental rights of way timely, by how much this constitutional action, having as foundation the immediate protection of these rights, not be can be lodged at any time, due to the immediate protection that claiming these rights.