Acción extraordinaria de protección con su problemática de efecto no suspensivo.

Abstract

The normative bodies that it institutes and that regulate the extraordinary action of protection and provide for the non-suspension of the effects that are issued from the sentence that is contested. They are the Constitution and the Organic Law of Jurisdictional Guarantees and Constitutional Control. One of the problems that is further aggravated by not allowing the suspensive effect of sentences to be interrupted is the lack of speed, for which the defendants can take years for a resolution to be issued declaring that the contested sentence is a violation of rights. and that this not only affects the active legitimizer but also the former opponent who loses the right that was conceived for him and also having to return to discuss an issue that has already been resolved and that was executed, but that was declared null. This does not guarantee that the new sentence that is going to be issued is free of defects or that it will be issued as quickly as possible. The prohibition that exists in the Organic Law of Jurisdictional Guarantees and Constitutional Control on the suspension of the effects of the sentence is unconstitutional, as it is contrary to the supreme norm and also does not comply with the purpose of the constitutional guarantees, which is to safeguard the constitutional rights of the defendants. This research project was developed based on doctrine and jurisprudence that raise the need to suspend the effects of the judgment that is challenged.