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Justicia

versão impressa ISSN 0124-7441

Resumo

BRAVO VESGA, Carolina; CONTRERAS RODRIGUEZ, Nydian Yaneth; SUAREZ ORTEGA, Camilo Fernando  e  PABON ORTEGA, María Fernanda. The Right to Request Priority Attention as a mechanism to protect fundamental rights in the Metropolitan Area of Bucaramanga. Justicia [online]. 2021, vol.26, n.39, pp.107-128.  Epub 21-Maio-2021. ISSN 0124-7441.  https://doi.org/10.17081/just.26.39.3926.

The objetive of this research is to intend to expose the way in which the fundamental rights of the people of the metropolitan area of Bucaramanga are protected through the legal mechanism called the “right to petition with priority attention”, in order to identify the efficiency of such mechanism. With the purpose of provide such analysis, the cases presented in the Legal Aid Clinic of the Bucaramanga Bolivarian Pontifical Pontifical University were used as the basis of analysis, during the period between the second half of 2018 and the first half of 2019.

In the development of this work a quantitative type investigative method was applied, which was materialized in the study of the different documents presented during the development of the different cases in the Legal Aid Clinic of the Bucaramanga Bolivarian Pontifical Pontifical University. In that sense, a study of rights to petition with priority attention and writs for the protection of constitutional fundamental rights was carried out, in the cases in which it was necessary to go to the jurisdiction for the protection of the fundamental rights of the user of the Legal Aid Clinic. This in order to establish the efficiency of the mechanism under study.

As evidenced in the results, the right of priority attention is not being given the special legal treatment enshrined in the law, both by public and private entities. As conclusions, we observe that, the figure is used mostly for the protection of the right to health and even making use of this right of petition, the entities do not respond in legal terms.

Palavras-chave : right to petition; right to petition with priority attention; fundamental rights; writs for the protection of constitutional fundamental rights.

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