Abstract

LOPEZ VARGAS, Samuel Leonardo. Guardianship against judicial decisions: res judicata, characteristics and exceptions. Justicia [online]. 2020, vol.25, n.37, pp.201-214. ISSN 0124-7441.  https://doi.org/10.17081/just.25.37.3939.

The present document develops an analysis from the hermeneutical approach that poses to the guardianship, as a relevant legal tool for the protection of fundamental rights, which can sometimes be violated by judicial operators at the time of issuing their sentences, that is why, that from the dialogic paradigm, it is possible to analyze the precedents of the constitutional court, where criteria have been unified that allow the provenance of this action against judicial sentences, as a tool that ensures the restoration of fundamental rights and not as an additional resource or higher instance of the process therefore, the guardianship becomes for Colombians a vital institution for the safeguarding of their constitutional legal faculties, thus being able, on occasion, to have the authority to go against the judged thing, thus allowing to return to study a process from the constitutional scope without need to review issues typical of the ordinary process.

Keywords : constitutional right; fundamental right; guardianship; judicial sentences; juged thing.

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