The action of protection: a mechanism for the protection of fundamental rights and an enabler of constitutional reforms?. The landmark case of the peace seats for victims of the armed conflict

Abstract

The constitutional action of guardianship was conceived by the Constituent Assembly as an instrument that protects and protects the fundamental constitutional rights. However, it is not conceived as a constitutional reform mechanism, in that sense, it is difficult to channel it in the context of constitutional change. Corollary, the importance of the investigation lies in knowing the scope of the protection action, which is intervening in scenarios exogenous to its nature; as in the changes embodied in the Superior Charter, for example, the case of the peace seats of the victims of the armed conflict, in this context, a tutela action led to the materialization of a reform to the Political Constitution of Colombia. In addition, the importance that others are having in the Social State of Law, the Constitutional Judge, and his performance in the functions of the State must be recognized. Finally, the research raises as a general objective, to establish the constitutional action of protection in its condition as a tool that promotes the legislative process of legislative acts in Colombia.