Judge will not annul, for now, PCR test failure for travelers arriving from abroad to Colombia



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Judge 11 administrative of Bogotá that required the Government to request negative PCR test to travelers who want to enter Colombia, no will cancel the request for the test to travelers.

The judge noted that arguments delivered by Avianca, LATAM and tourism companies to cancel the failure go in contrary to the legal system, because according to him, it would be a guardianship ruling and the court is not bound to make a decision or count on the appearance of interested third parties like airlines and tourism companies.

These companies intended void the ruling with the argument that They were not notified of the order to revive the requirement of the negative test for COVID-19 to enter the country.

He also referred to the nature of this constitutional protection saying that this request would go in cthrough the legal system, particularly against the procedure regarding the established time of the constitutional action that would demand the office listen to all interested parties.

In the Avianca case, for example, the judge said that has no legitimate interest to be part of the process, since their arguments were based on their economic losses and the court had to resolve the protection of the right to life and health alleged by the citizen who presented the guardianship.

The guardianship action prevails so that the effects of the same are fulfilled through the Ministry of Health, not generating charges to third parties, or obligations to indeterminate as intended by Avianca, LATAM and other people who presented the request for invalidity

said Alberto Elías González, guardian lawyer

In this way, the court definitively refuses to annul the failure of the PCR tests for travelers arriving from abroad to Colombia.



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