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Abstract

The general objective of this article is to analyze the guardianship action and its incidence within the public competition process of administrative career merits and the way in which it has become a mandatory instance within the normative event. That is why it is posed as a problem question: is the protection action the appropriate means to dispute the administrative acts that regulate the public competition of merits carried out by the National Civil Service Commission? From which it is sought to make an analysis of the origin of the guardianship action during as a mechanism to dispute the administrative acts, mainly those issued the development of a contest of merits. In this sense, it is based on a descriptive methodology which allows characterizing the reality of the protection action around the merit contest and the way in which it is currently used. For this reason, it is concluded that, in effect, given the nature of the guardianship action and the promptness and protection of the fundamental rights that guide it, it turns out to be an adequate means to dispute said administrative instruments that do not have sufficient judicial mechanisms to enforce the rights of applicants.