Perspectiva constitucional sobre la tutela cautelar judicial. El caso colombiano

Abstract

The judicial preventive tutelage constitutes a manifestation from the access right to the justice and in that order of ideas it makes part of one of the fundamental rights of people. In such a virtue, the determination of its reach corresponds the maximum judge of that jurisdiction that is the Constitutional Court, and in and of itself this article presently to identify the actual positions from the constitutional jurisprudence on the judicial preventive tutelage by the light of the analytic categories that have occupied the attention of the doctrine of the same one, and starting from those, to formulate some critical reflections on what could be made to increase the paper that the tutelage preventive judicial debit side to play in function of the effectiveness from the access right to the justice.