Casos límites en que la Corte Constitucional debe ejercer competencia probatoria en la acción extraordinaria de protección.

Abstract

The extraordinary protection action, since its creation, aims to perform an important role in the protection of constitutional rights and due process, when they have been violated in sentences, final orders and resolutions that have the force of a definitive sentence. However, in the absence of a possibility of the Constitutional Court to carry out merit control and evaluation exercises of the evidence in processes of non-constitutional jurisdiction; it is plausible to carry out an analysis of the legal nature of the extraordinary protection action as a jurisdictional guarantee of the Constitution, which leads to understand whether it is possible to give rise to exceptions to the rule, in the face of rights that, due to their dogmatic shaping, and their close link to standards of protection in evidentiary fields, involve a higher level of evidential rigidity for their expiration, such as: the right to due process in the guarantee of motivation, and the right to the presumption of innocence. In both rights, it will be a reflection on the participation of the Constitutional Court in repairing the violation of these rights when there is a serious impairment, due to the non-compliance with the basic certainty threshold that allows to overcome the reasonable doubt and the conviction of its responsibility. By complying with these exceptions, it is intended to protect the basis and the true objective of the extraordinary protection action.