Balance de la jurisprudencia constitucional sobre la tutela cautelar judicial

Translated title of the contribution: Balance of the constitutional jurisprudence on the judicial preventive tutelage

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Abstract

The judicial preventive tutelage constitutes a manifestation from the access right to the justice and in that order of ideas it makes part of one of the fundamental rights of people. In such a virtue, the determination of its reach corresponds the maximum judge of that jurisdiction that is the Constitutional Court, and in and of itself this article presently to identify the actual positions from the constitutional jurisprudence on the judicial preventive tutelage by the light of the analytic categories that have occupied the attention of the doctrine of the same one, and starting from those, to formulate some critical reflections on what could be made to increase the paper that the tutelage preventive judicial debit side to play in function of the effectiveness from the access right to the justice.
Translated title of the contributionBalance of the constitutional jurisprudence on the judicial preventive tutelage
Original languageSpanish
Pages (from-to)63 - 90
Number of pages27
JournalVniversitas
Volume55
Issue number112
StatePublished - Jul 2006

Concepts

  • Concept
  • Judicial preventive tutelage
  • Precautionary measures
  • Access to the justice

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