THE RIGHT OF PETITION

Theright of petition is a mechanism that people have to request information, make inquiries or provide a solution to a problem that affects personal or general interest; before a public or private entity that provides public services. This right is enshrined in Article 23 of our Constitution, which states that “.Everyone has the right to submit respectful petitions to the authorities for reasons of general or particular interest and to obtain a prompt resolution. The legislator may regulate its exercise before private organizations in order to guarantee fundamental rights.“

The special thing about this service is that it can be submitted by any person, whether of legal age or minor, and it can also be submitted orally or in writing and even online, and because it is a fundamental right, the entity to which it is addressed must provide a prompt response or it will incur in a violation of the right of petition.

Although you do not need a lawyer or intermediary to make the request and it does not generate any cost, it is advisable to go to a professional in the matter so that your request is attended correctly and in accordance with what is needed.

What is the response time of the right of petition?

There are 3 types of right of petition requests: information requests, requests for complaints and claims, and inquiries. It is important to know this since Article 14 of Law 1437 of 2011 stipulates that “Except for special legal regulations and under penalty of disciplinary sanction, all petitions must be resolved within fifteen (15) days of receipt. “(business days), i.e., in general terms a right of petition, the entity has 15 business days to give a clear, effective and efficient response, but rights such as the right to information must be answered within 10 business days, and if a request is made in which an authority is asked in relation to its position, a response will be given within the next 30 business days (Article 14 of Law 1437 of 2011).

Can entities reject a right of petition request?

Entities may not reject any right of request, regardless of whether information is missing or they are not the competent entity. If information is missing, the entity must provide a response indicating the missing information for the right of petition to be effective; if they are not the competent entity, they must send the petition to the corresponding entity and give a copy to the petitioner informing the matter.

Regardless of the case, if a response is not given within the established timeframe, the petitioner may file a tutela action to enforce the right to petition (since this right is fundamental in nature and tutela is a defense mechanism that seeks the protection of fundamental rights).

At Servicio Legal we offer support in all the management of the processing of the right of petition, including the preparation of the corresponding documents.