It is a legal and free resource that is used to protect the fundamental rights of people.
Guardianship is a means to request the immediate protection of the rights that are being violated or threatened by a public authority or an individual. The importance is that it allows people to act quickly and effectively, without having to resort to long and expensive legal processes.
Thanks to the guardianship action, rights such as health, the right to education, the right to housing, the right to due process, among others, have been protected.
Political constitution
According to the manifesto, this action is an amparo mechanism that allows everyone to claim the immediate protection of their fundamental constitutional rights before the judges, when they are violated, threatened by the action or omission of any public authority or individuals.
must before
Prior to presenting a guardianship, you must complete and exhaust all the procedures other than this, appear before the entity and establish the petition or complaint to try to ensure that your rights are not violated, go to the authorities and document yourself, if this does not give results and the threat or violation of rights remains and may irremediably cause damage and protection is urgently needed, file the Guardianship action.
Who can file a guardianship?
The Ministry of National Justice, as the main actor, states that it is the affected person directly or through a lawyer. A third person can also do it as long as the victim cannot do it on their own. If it is a minor person, you can present it yourself or any person authorized to assert the rights of children.
In which cases you can file a guardianship action
You may only file protection actions against individuals or private companies in the following cases:
– When they provide public services such as health companies, educational institutions, companies that provide water and electricity services, etc.
– When property or rights of a collective nature, such as the rights of ethnic groups, are seriously and directly threatened or violated.
– When the affected person is subordinate to the individual, as in relations between workers and bosses.
How should guardianship be filed?
Lucia was denied entry to her school because she dyed her hair coloured. Her parents went to all levels to resolve the conflict, however, Lucia continued to be denied entry to said school. Therefore, her parents, advised by members of her community, want to file a guardianship action, but do not know how to do it.
Catalina has a disease in her left eye that makes it difficult for her to carry out her work and have a decent life. Catalina has already exhausted all her resources before her EPS, but they have not wanted to schedule the surgery that would solve this health problem. Catalina heard on the news about the guardianship action and she wants to file one, but she doesn’t know how to do it.
For these and other similar cases, you may file a guardianship action if your fundamental rights are being violated or may be threatened.
It does not require as many formalities to be presented as other judicial resources, for example, this action can be presented orally or in writing before a judge, the important thing is that the person discloses all the necessary information to argue the situation before which asks for protection, as well as his specific request.
After presenting this appeal, the judge will analyze the data provided and must respond within 10 days of the request. If you find that a fundamental right, the togado will order the protected party to take measures to overcome this situation. Next, keep in mind that this is the content that you must also include within the guardianship action format that is shown in the image with the title:
Facts
At this point, the facts related to the violation or threat must be stated chronologically, explaining how the violation of rights occurred and who they consider to have incurred or favored said affectation or threatened to violate them. If possible, accompany each situation described in the facts with a proof that demonstrates the situation narrated.
fundamentals of law
When narrating the rights violated or threatened, state regulations that frame these rights, for example the Constitution, as well as decisions issued by the High Courts in which they have ruled on the subject favorably.
By virtue of the foregoing, I respectfully request that I be granted the following:
Petitions
1. My fundamental right of _____________ enshrined in article ____ of the Political Constitution is protected.
2. That by virtue of this, (entity or authority that violated your right) be ordered (what you want that entity to be ordered to do to stop the violation of your right).
Oath
Under the gravity of manifest oath that I have not promoted any action of guardianship for the same facts and before another judicial authority.
Evidence
(Based on the facts that you told the judge, list the evidence that is expected to prove the violation or threat to your rights)
notifications
Petitioner: (Indicate here the address where you expect any decision made by the guardianship judge to be sent, your cell phone number or contact telephone number and your email)
Action: (Indicate here the address of the counterparty, that is, the entity or authority against whom the guardianship is filed, since the judge must notify it that a guardianship was filed, also include the cell phone number or contact telephone number and the email at which said authority or person can be contacted)
Carefully,
Name: _______________________________
C.C./ T. I. __________________
Business: __________________________