We know that the Political Constitution of 1991 was a complete innovation in our country. One of the novelties introduced through the Magna Carta was the figure of the Defensor del Pueblo, contemplated in Article 281 of the Constitution.
This official exercises his functions autonomously and is elected by the House of Representatives for an institutional period of four years.
Functions of the Defensoría del Pueblo
The functions of the Defensoría del Pueblo are defined in Article 282 of the Constitution. Its main objective is to ensure the promotion, exercise, and dissemination of human rights.
Among its most important functions are:
- Invoke the right of habeas corpus.
- File tutela actions.
- Disseminate and recommend policies for the teaching of human rights.
- Organize and direct the Defensoría Pública under the terms established by law.
What is the Defensoría Pública in Colombia?
The Defensoría Pública is a free service provided by the State through the Defensoría del Pueblo. It is directed to those who cannot access a lawyer due to economic or social difficulties.
A public defender can be assigned through:
- Regional defensorías.
- Municipal personerías.
- Judicial assistance centers.
- Immediate response units.
- Detention centers.
Difference between Defensoría del Pueblo and Defensoría Pública
Defensoría del Pueblo: autonomous entity, administratively and budgetarily, responsible for protecting the rights of Colombians and monitoring the activity of public entities in relation to fundamental rights. It is part of the Ministerio Público together with the Procuraduría General de la Nación and the municipal personerías.
Defensoría Pública: free service that provides lawyers to those who cannot assume their legal defense by their own means.
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At Cuadro Legal, a law firm in Medellín, we have experts in constitutional law who can guide and respond to your inquiries about the Defensoría del Pueblo and the mechanisms for protecting rights in Colombia.
