In Colombia, there are different legal mechanisms to defend or protect your rights from any violation of them, such as guardianship. This procedure allows the citizen to present an application, for himself, to defend and present his case. In that sense, you will only need to comply with the requirements to file a guardianship.
Now, all that knowledge can be found in the following article. You will also find other important information such as: how much you have to pay for the procedure, which sites you should go to or any other relevant information; to do this procedure.
Requirements to file a Guardianship
Carrying out this procedure is relatively simple, since the requirements to file a guardianship are few and accessible to every citizen.
Mainly, you should only have lived a situation in which your constitutional rights have been violated, in order to file a guardianship.
Then, as you go through the process, you will be asked for certain requirements, so that you can present the guardianship.
At the beginning, when you go to present the guardianship, verbally or in writing, before a judge, you must present the following requirements:
- Your personal identity data (name, surname, identity card, among others).
- A letter with the facts that led you to file the guardianship.
- Another writing with the possible rights that have been violated.
- Present possible solutions, that you consider, to protect those rights.
- Ensure that you have not made another request, before another authority, to protect these rights.
On the other hand, once the judge issues his decision on the application for guardianship, and you do not agree with it, you can manage another procedure to challenge this opinion.
To present this challenge, which you must present within three days after the judge’s decision, you have to present the following requirement: a writing with the request, in which specify the reasons for your disagreement.
Do you need a lawyer?
Presenting a challenge to a judge can seem like a process that requires legal agents to carry out.
However, this process to file a guardianship does not require the presence of a lawyer, so it has become an effective tool for civilians, so that they can defend their rights.
File a guardianship It is a procedure that can be carried out by civilians, without the presence or help of a lawyer. However, it is not an exclusive process, you can also use the participation of a lawyer, if you need it.
On the other hand, here we will also present the situations and the people who are capable of presenting a guardianship to defend your institutional rights:
- In normal cases, the request can be submitted by the person himself or a lawyer, as long as the person grants him the power to do so.
- In exceptional cases, the request can be presented by a third party, if the affected person is incapacitated.
- For situations with minors, They can submit their request or any person who witnesses the violation of the rights of said minors.
- Depending on the situation, the municipal representative and the Ombudsman can file the guardianship on behalf of one or more people.
Step by Step to File a Guardianship
Once you have known the requirements to file a guardianship and you know who is capable of presenting it, it is time to present the procedure, step by step, with which you can process your process.
So, if you are interested in processing a guardianship, here are the steps you must follow:
- A situation must be presented in which your fundamental rights have been violated, so that the process can be activated and processed.
- This situation must be presented as a request before a judge of the institution, in which your rights have been violated.
- Once the request is delivered, the judge will have 10 days to examine the proposal and determine if your rights have indeed been violated.
- If the decision is positive, all the pertinent actions will begin to be implemented to defend and restore your violated rights.
- If the decision is negative, the applicant will have 3 days after the ruling has been rendered, to submit a note disagreeing and challenge the decision.
- Then it will take 20 business days for another ruling.
It should be noted that if this failure is negative again, you can continue insisting before the Constitutional Court. However, this process must be exercised by:
- Representative of the municipality.
- Attorney General of the nation.
- Any of the Magistrates of the Constitutional Court.
How much does a Guardianship cost in Colombia?
It is important that you know that the process of filing a guardianship is free, you do not need to cancel any amount to be able to carry out this diligence. You can do this process yourself, if you meet the requirements to file a guardianship and go before a judge. In other words, it is a legal resource that does not need the participation of a proxy.
However, many people do not know the ease of this process or do not have the time to file the application for guardianship, so they end up hiring a lawyer to handle their case.
Then, The fees that you will have to pay are available to the person you hire to present and take the case of guardianship. Some citizens declare that they have paid between 150 thousand pesos and 300 thousand pesos, so that the lawyers will take their cases.
Where to file a Guardianship?
At first, Guardianship can be brought before any judge with jurisdiction, in the place where your rights have been violated; so you should not be concerned to file your case.
However, currently, a kind of organizational chart of institutions is followed, to which each guardianship is assigned, depending on who is affected by the request. That order of government entities, which will evaluate your case, is as follows:
- Those guardianships that affect the public authority of the national order, will be distributed to the superior judicial and administrative district courts.
- If it is a guardianship that affects a decentralized body or entity, it must be presented to the circuit judges.
- If the guardianship affects a public authority of the district or municipal order, and even private persons, it must be presented to the municipal judges.
- When the guardianship affects more than one judicial officer or corporation, it will be delivered to the functional superior of the accused.
Finally, you will have several places, institutions and people to go to to present your request for a guardianship.
What is a Guardianship?
If you have reached this part of the article, and you still do not know what a guardianship is, you can rest assured, as we will explain it to you below.
To begin with, a guardianship is a tool or legal mechanism that civilians have, to defend their rights fundamental in situations that have felt that they have been violated. Now, this procedure can only be done when you have lived or witnessed a situation like this.
After having gone through a situation like this, you will have to implement the step by step steps that you must follow to file your guardianship. Next, depending on the ruling that is presented on the guardianship, you will have to follow certain processes to finish with the diligence.
Likewise, to conclude, it is important to emphasize that this procedure can be done without the assistance of a lawyer, since you can take the application before the judge yourself. In the same way, there is no amount that you must cancel, so the diligence is totally free.
In addition, requirements to file a guardianship They are very basic and accessible to citizens, since you only have to live or witness an act in which your rights are violated and then describe this occasion before a judge in a document.
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