Abstract

ROCA ANDAGUA, Rodolfo  and  RABANAL OYARCE, Aladino. THE PROTECTION OF RIGHTS IN THE ADMINISTRATION OF JUSTICE. Aula Virtual [online]. 2025, vol.6, n.13, e492.  Epub Aug 07, 2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.16635312.

The objective of this article is to evaluate the tutela action in the justice system, its impact on the protection of fundamental rights, and how it guarantees citizens' rights against judicial and administrative decisions, identifying strengths and limitations, and proposing improvements to optimize its effectiveness. The bibliographic review highlights gaps in accessibility and knowledge of the mechanism among vulnerable populations, judicial overload due to the high demand for tutela actions, inconsistency in the interpretation and application of the tutela of rights, and the lack of resources and training for legal operators. Using a qualitative methodology, based on primary sources such as scientific articles, jurisprudences, sentences, indexed journals, documents from public institutions and information from national and international sources, databases such as Scopus, SciELO and Mendeley Desktop were consulted, using the MyLOFT platform. The characteristics, strengths and limitations of the tutela of rights in Spain, Colombia, Canada, Argentina, Chile, Venezuela, Cuba, Italy and Peru were reviewed. We conclude that it is crucial to implement policies that strengthen the accessibility and consistency of the protection mechanism to guarantee its effectiveness and ensure equitable and uniform protection of fundamental rights.

Keywords : Protection of rights; administration of justice; effective protection; reasonable protection; protection mechanism.

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