Acción de tutela como mecanismo de construcción del Estado Social de Derecho y de Democracia Participativa contemplada en la Constitución Política Colombiana.

Abstract

The rule of law and the social rule of law have been state models that are closely related by principles, objectives and configurative elements that they share. However, there are differences between the two models that arose due to historical events that occurred between the 19th and 20th centuries, which caused social demands that by then could not be realized from the rule of law, such as the European labor movement. , the Russian and Mexican revolutions, and the innovations adopted in the United States, were the basis for transforming the reduced liberal State into a complex political-administrative apparatus of all social dynamics; For this reason, it was necessary to implement a new state model that would solve the demands and demands of the time, thus configuring the social State of law. Although for decades Colombia has been a nation victim of subversive groups that over the years have undermined the foundations of the democratic State to anarchize the country in search of the protection of particular political interests, however, in 1991 an unprecedented event occurred that established itself as a memorable political phenomenon in the history of Latin America. Colombians saw the birth of a new political force that at first seemed just a social initiative by a group of university students, but civil empowerment is positioned as one of the most effective political instruments to generate structural changes in a country. In such a way that the least imperfect democracy is one in which the State generates the necessary institutional conditions and counterweights so that the Government establishes a climate of governability that confers autonomous power to society in favor of its economic, political and human development, that is, a government by, for and of the majority. The reason was very simple; It was not possible to achieve the welfare state or that much coveted social rule of law without a new social pact that will lay the foundations for new rules for the dynamics and national confluence of all sectors within a framework of respect, justice, transparency, accountability, political culture, ethics, morals and, most importantly, a Rule of Law.