Efectividad de la nueva dimensión de las medidas cautelares en la Jurisdicción Administrativa en Colombia. Reflexiones a partir de un estudio de caso en los Juzgados Administrativos de la Sección Primera del Circuito de Bogotá

Abstract

From the classic authors, it has been universally accepted that the precautionary measure has a close relationship with effective judicial protection and is a form of provisional justice, which allows to avoid that the right that is intended to protect become an illusion for the time that elapses since the presentation of the suitlaw until the final judgment. One of the dilemmas facing the Contentious-Administrative Jurisdiction from different nations is, without a doubt, the extreme slowness in the proceedingss leading to dictate sentence, which in most cases is generated by the amount of litigation that occurs in the judicial instances, causing a delay in the duration of the process itself. Thus, the decision that ultimately will be adopted would be illusory. Due to the above, in different legal systems mechanisms have been constructed to ensure the practical effectiveness of judicial orders; These tools are called precautionary measures. Colombia was no stranger to this situation. This fact was reflected in a transforming act from 2011 with the Law 1437, which resulted in, among others, an extension of the Cautionary power. After more than five years of consecration, it is intended to investigate how this extension of the Cautionary Power has been accepted in the Colombian legal system, through an indicator that allows to determine until what extent the measures other than the provisional suspension have been requested and decreed, from of a case study in the Administrative Courts of the First Section of Bogotá.