Análisis del control judicial previo a las actuaciones que limitan el derecho a la intimidad en Colombia

Abstract

This scientific article was proposed as an objective: To highlight the importance and need of prior judicial control as an instrument for the protection of the fundamental right to privacy, the foregoing in the understanding that by express mandate of the constituent protected by international Human Rights Law and Anglo-Saxon comparative law, judicial actions likely to affect the privacy of citizens, are only admissible after institutionalization of prior judicial control, this being a requirement inspired by the principles of primacy of fundamental rights, separation of roles and functions, objectivity and judicial reserve. However, contrary to what is ordered by the Magna Carta, the legislator established that the accusing entity through its delegates has the power to order said affectation, a regulation that is not only contrary to what is ordered by the higher mandate, but also promotes an irrational and justified deterioration of an important fundamental right. Thus, through a descriptive methodology and with a qualitative approach, the postulates in favor and against said regulation will be confronted, the conclusion to which this document points out is to demonstrate the inexistence of a contradiction between the constitutional mandate and the regulated by law 906 of 2004.