Action of Tutela Against the Administrative Act Which Resolves the Direct Revocation at the Request of a Party*

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Diego Andrés Quimbayo Rodríguez, Camilo Fernando Calderón Suaza , Wilson Alberto Nieto Ríos ,Aldemar Barragán Oviedo

Abstract

This scientific article seeks to resolve the legal situations regarding the admissibility or inadmissibility of a tutela action against administrative acts issued in the event of a direct revocation. In this sense, it starts from a first premise regarding the possibility of filing a tutela action against administrative acts. In its resolution, it is necessary to clarify some preliminary questions that may focus on an answer to this question. In this order, the objective of this scientific document is to analyze the admissibility of a tutela action against the administrative act that resolves a direct revocation at the request of a party. This is done through the use of appropriate qualitative, hermeneutical, and documentary methodology, based on techniques that mention observation, bibliographic review, and documentary analysis. The results obtained consider a review of the grounds and reasons for using the action for violation of fundamental rights in the event of a direct revocation.


Therefore, the conclusion is that, despite the fact that the Constitutional Court has repeatedly ruled that the tutela action against administrative acts is inadmissible, since, according to its concept, they have different legal means to be challenged by ordinary mechanisms, such that constitutional jurisprudence considers that, despite the fact that the Colombian legal system has suitable instruments to protect fundamental rights, among which the tutela action stands out.


DOI: https://doi.org/10.52783/crlsj.484

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