Constitutional Law
Constitutional law
When a fundamental right is at risk and no other adequate remedy exists, the tutela is the preferred, expedited injunction. The practice also includes contempt, mandamus, collective actions, and data-privacy petitions.
What it solves
It protects fundamental rights against public authorities and, in the cases the Constitution allows, against private parties. It is used when irreparable harm is imminent or ordinary proceedings are ineffective.
Proceedings
- Constitutional injunction (tutela) — Art. 86 of the Constitution and Decree 2591 of 1991
- Contempt for failure to comply with an order
- Mandamus
- Class and public-interest actions
- Data-privacy petition (hábeas data)
- Appearances before the Constitutional Court
Questions
- Do I need an attorney for a tutela?
- It may be filed without counsel, but an incomplete petition is often denied. Counsel is advisable when there is urgency, several respondents, or a prior order that has not been obeyed.
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Updated: September 9, 2026