Transformación de la naturaleza jurídica de la acción de tutela: Análisis en el ámbito del derecho a la salud en Colombia

The Guardianship Action (Accion de Tutela in Spanish) is a mechanism enshrined in the Colombian legal system, whose objective is the immediate protection of Fundamental Rights, provided that these are transgressed or threatened by the action or omission of any public authority, an individual in charge of the provision of a public service, or in respect of whom the applicant is in a state of subordination and defenselessness. This instrument was conceived with a residual and subsidiary nature, due to the fact that it is only appropriate when no other means of judicial defense are available; unless it is used as a transitional means to avoid a irreparable damage. However, this character has been transformed with the massive use of this special action, especially in what concerns the defense of the Right to Health, since despite the existence of other mechanisms intended for the same purpose, it is preferred and alternative.