The Constitutional Court opened the hearing of evidence in the incident of contempt of Health Minister Guillermo Jaramillo, a measure that responds to the persistent non-compliance with orders aimed at guaranteeing the fundamental right to health of Colombians.
The Supreme Court emphasized that the purpose of this incident was not to impose automatic sanctionsbut rather to direct and channel the relevant authority to carry out the supervised tasks effectively For more than a decade, the focus has been on protecting human life.
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The Special Monitoring Chamber of the Court considers that non-compliance with orders aimed at ensuring the sufficient provision of the Capitation Payment Unit (UPC) for access to health services continues. The UPC represents the annual amount that the health system allocates to each member to pay for the services included in both the contributory and subsidized systems.
The decision adopted by the Special Chamber for the follow-up to Sentence T-760 of the Constitutional Court of 2008 includes the formal opening the evidentiary phase in the context of the contempt incident within the meaning of Regulation 2049 of 2025.
In accordance with the provisions of the Chamber chaired by Carlos Camargo Assis and composed of Miguel Polo Rosero and Vladimir Fernández Andrade – who has clarified his vote – the decision is based on the fact that the efforts presented by Jaramillo in the report submitted within the legal deadline do not guarantee material or immediate compliance with the court orders. Despite the minister’s request to archive the process because he considered the requirements to be met, the court identified deficiencies in the results achieved.
According to the official statement The aim is to ensure the right to defense and due process of the officer under investigation. The court clarified that this phase does not suspend the conditions for compliance with the orders issued in the above order.
The judgment determines the inclusion of the evidence included in the file, which will be taken into account in the proceedings.
In addition, the court ordered as evidence the holding of a technical table, the date of which will be set in February 2026 in accordance with the agenda of the Special Monitoring Chamber. In this regard, the ministerial institution will be notified by regulation.
The document also noted the refusal to carry out the tests required by the Ministry of Health and Social Protection in connection with the instruction to the EPS to report information about the UPC. the issuance of the accounting books and the expert reports on the basis of the arguments set out in the explanatory part of the judgment.
The court reiterated the non-compliance by the Ministry of Health and Social Protection with the orders issued in the car 2049 of 2025 and demanded its immediate compliance in order to avoid legal sanctions. Finally, he directed the General Secretariat of the Court to send the relevant notices with a full copy of the judgment.
As part of the procedure, the court granted the head of the health department a period of 48 hours from the announcement of the judgment to correct the errors in the information system affecting the reliability of the calculation of the UPC, to ensure the financial adequacy of this value in accordance with the adopted parameters and to adjust the UPC of the subsidized system to 95% of the amount corresponding to the contributory system, unless the adequacy of the subsidy is technically proven.
It should be noted that the Minister of Greetings has another case pending with the Attorney General’s Office, in which he was brought to trial for alleged irregularities in the implementation of the new health model for teachers, known as the National Fund for Social Benefits of Teachers (Fomag). In this context The Ministry of Health clarified that Fomag is an independent entity and therefore the portfolio does not have direct management responsibilities.
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