Abstract

HERRERA DIAZ, Juan Camilo  and  RESTREPO, Juliana Pérez. Jurisprudential subreggles in the provinces of the Colombian constitutional court about factual defects. Justicia [online]. 2020, vol.25, n.38, pp.127-142.  Epub Oct 06, 2020. ISSN 0124-7441.  https://doi.org/10.17081/just.25.38.4384.

The objective of this paper aims to describe the sub-rules of the due process of evidence generated in decisions of the Colombian Constitutional Court, which was carried out from a qualitative legal investigation, under the comprehensive method and hermeneutical methodological approach, supported by the documentary research modality and jurisprudential analysis. The right to present evidence and to dispute the ones that are brought against is a fundamental right, fundamental in a State of Law, which allows to develop to a great extent the right of access to the administration of justice, the right of defense and contradiction in a any scenario, specifically for what is discussed here, in legal proceedings, and even in administrative proceedings. This right, which is part of the relational right of due process, has presented various criteria to be protected against its multiple violations, issues that are approached by addressing the topic of guardianship against judicial rulings, emphasizing the error in the evidentiary; as well as the systematization of such sub-rules within the framework of the due process of evidence, for the obtaining, assessment and legality of judicial evidence. Which, finally, is complemented by the description of relevant specific cases resolved in light of the aforementioned jurisprudential sub-rules, through which the right to evidence is protected. Having clarity in front of this legal field has repercussions on the guarantees of infinite rights and strengthens the jurisdictional, constitutional and democratic system.

Keywords : guardianship action against judicial sentence; due process; factual defect; right to proof; jurisprudential sub-rules.

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