The New Constitutional Process of the Protection Action in Virtual Modality for the Fundamental Right to Health Protection in Times of COVID–19

Abstract

This research article is the product of the research study called “The fundamental right to health effectiveness in the virtual constitutional process context in times of COVID-19 in Colombia”, whose first objective is to recognize the new constitutional process of the protection action under the virtual modality for the fundamental right to health protection.

Thus, this article will describe the advances of this research which seeks to recognize the characteristics of this new constitutional process for the fundamental right to health protection, created by the Agreements issued by the Superior Council of the Judicature.

This research was developed under a qualitative approach and a hermeneutical method that sought to comprehensively understand the meaning of the writings related to the subject while preserving their uniqueness, through analysis matrixes that allow to decompose the texts to understand them.

As partial results, it can be observed that the new “constitutional process of virtual protection action” represents flexibility in a context of ductility where adaptation mediated by ICTs has allowed the assurance of fundamental rights through the non-suspension of terms of protection actions, to file the action by email, prevalence of the fundamental right to life, health, and liberty, among others.