Abstract

CANO-BLANDON, Luisa Fernanda. The principle of immediacy in writ of protection: A barrier for the judicial enforcement of fundamental rights?. Entramado [online]. 2017, vol.13, n.1, pp.114-127. ISSN 1900-3803.  https://doi.org/10.18041/entramado.2017v13n1.25140.

According to the Constitution writ of protection can be used at any time so it has no expiration date. However in order to guarantee the immediacy, the Constitutional Court has ruled that the judge, who resolves the writ of protection, must assess in each case if there is a reasonable time between the event that has brought about violation of fundamental rights and the use of the writ of protection. The paper aims to analyze how the principle of immediacy of writ of protection can be a barrier to the enforcement of fundamental rights in court. For this reason, I analyze the sub-rules established by the Constitutional Court regarding to study the immediacy in specific cases and the application of exceptions when there are reasons that justify it. The sub-rules are valued in the light of the considerations regarding the immediacy that, as judges, have the Council of State, the Supreme Court of Justice and the Superior Council of the Judicature. The results suggest that, in effect, the principle of immediacy remains a recurring reason for denying protection, even in contravention of constitutional jurisprudence.

Keywords : Writ of protection; expiration; immediacy fundamental rights; Constitutional Court.

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