Análisis jurídico sobre la presentación conjunta de acción extraordinaria de protección y medidas cautelares.

Abstract

The study of protection mechanisms that the supreme rule of our country has is of such importance that the constitutional guarantees that it recognizes can prevent the violation of fundamental rights. The instrumentalization of rules that guarantee principles and rights should be the priority of every constitutional state of rights and justice. Protection mechanisms cannot sacrifice the rights of others. The joint submission of extraordinary protection action and precautionary. measures is not legally allowed. The problem arises when the execution of a judgment could mean the consummation and violation of the constitutional rights of the person. It is of such magnitude that there would not be sufficient integral reparation that could restitute such a gravely violated right. From this approach, questions arise. Is the joint application of extraordinary protection action and precautionary measures unconstitutional? Would their joint filing give better protection to rights? And how to adjust it in the practical right?