El derecho de petición : su origen, sus implicaciones y su reciente evolución normativa y jurisprudencial en Colombia

Abstract

It is essential to know the origin, the changes and the evolution of the right of petition in Colombia; the right of petition in Colombia, by definition of our Constitution is a fundamental right, which should be considered as the main mechanism with which we have the citizens to gain access to the branches of public power. The right of petition is necessary for the State to be the main channel of communication between the administration and the citizens. Today, individuals who are in charge of public or administrative functions that has been delegated to them by the State in its benefit are also required to respond to requests. The investigation began studying the historical background of the right of petition, established the location in the time which allows the reader to understand which is the origin and evolution of the right of petition, as it is required to take into account that for over a hundred and fifty years our country did not have the necessary regulatory development that would have resulted in the evolution of the society that we have always been waiting for Colombians. In addition, this work serves to understand the current importance of the structural elements of the request and its impact on the administrative procedures currently regulated by the Law 1437 of 2,011. This paper also discussed the most recent case-law developments implemented in the right request and the latest regulatory reforms to this fundamental right, by offering a series of proposals for the further improvement of the processing of the right of petition.