Tutela contra tutela, como garante del cumplimiento de una acción constitucional

Abstract

The nature of the article emanates in the reflection, concentrated in the results thrown from an analytical and interpretive methodology of several sentences of the Constitutional Court, in front of the procedure that the constitutional judges must carry out in the fulfillment of the contempt incident, an argument that dazzles the objective. main part of the investigation, determining yes, the ideal mechanism for the execution, is a guardianship against that order dictated and enforced by a judge of the republic. Being then, the contempt incident a coercive and sanctioning mechanism to execute the guardianship ruling; where critically it is concluded that said official falls short to control and ensure that fundamental right violated, in the immediacy of a summary procedure, that from the academy the implementation of a Constitutional Procedural Code is proposed that contemplates the functionality of the process both for plaintiff, filed, as for judges, in the clarity of the procedures dependent on an autonomous body in the jurisdiction of resolving only conflicts typified in the Political Letter of 1991.