Defense mechanisms

Objetive: to be able to identify, understand, and apply the different type of defense mechanisms
according to the Colombian Constitution

1. Derecho de Petición (right of petition)

2. Habeas Corpus
3. Habeas Data
4. Tutela
5. Acción de cumplimiento (compliance action)
6. Acción colectiva (colective action)

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 Derecho de Petición (article 23)
What is it: the right a person has to make respectful
petitions (question, requests) to any institution.

Who is presented to: Any public and state authorities, but also
private institutions

Who can make it: Anyone can make a petition (even children)
by writing a letter.

Time: The institution needs to respond in 15 working days

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 Habeas Data (article 15)
What is it: the right a person has to intimacy and
privacy of his/hers information

Who is presented to: Any public and state authorities, but also
Private institutions.

Who can make it : Anyone can make a petition (even children)

By writing a letter, and specifying the Habeas Data right.

Time: The institution needs to respond in 15 working days

(derecho de petición)

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 Habeas Corpus (article 30)
What is it: Is a mechanism to defend the freedom
of individuals. In just detention , there are not reason
For detention.

Who is presented to: to any judge (but it can be

expressed under any situation): it has legal effects.
And another person can ask for it, in the case the
person being captured cannot do it himself.

Time: Authorities have 36 hours to free the

person

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 Tutela (article 86)
What is it: the right a person to defend his fundamental rights
according to the Constitution, when no other judicial/legal tool is
available, or when the urgency of the matter asks for.

How: Write a letter (with certain elements) and give it to a court

(radicate it)

Who can make it: Anyone can make a petition (even children)
By writing a letter.

Time: The judge has to give a response within 10 days. If the decision
Is appealed (challenge a ruling within 3 days), then the judge has 20 days.

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 Acción de Cumplimiento (article 87)
What is it: is a mechanism against
institutions that did
Not obey a judicial decision

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