Cabal will demand a decree that would strip the Council of State of its authority to review writs of protection against the President.

With the arrival of Eduardo Montealegre at the Ministry of Justice, a decree was signed eliminating the exclusive jurisdiction of the Council of State to review, in the first instance, legal actions against President Gustavo Petro.
Democratic Center Senator María Fernanda Cabal announced that she will file a lawsuit against the decree in the coming hours.
" In the next few hours, I will demand decree 0799 of July 2025, with which Petro and his Minister of Justice violate the Constitution and the law. What they're trying to do is a direct threat to the rule of law," the congresswoman wrote in a tweet.

This is the decree the senator will demand. Photo: Private archive
And he added: " With this decree, the Government allows that tutelas against the President—including those related to national security , eradication of illicit crops, and high-impact decisions—will no longer be heard by the Council of State as a specialized body, but by ordinary circuit judges."
The congresswoman also asserted that this is not a simple administrative measure, but rather a silent blow to the justice system: "It is illegal, unconstitutional, and dangerously functional to power."
"I want to clarify that the President does not have the authority to modify the judicial structure by decree. The Constitution (Article 152) is clear : any rule affecting the administration of justice must be processed as a statutory law, approved by Congress and previously reviewed by the Constitutional Court. Petro circumvents Congress and shatters the institutional architecture with a signature," he added.

Minister of Justice, Eduardo Montealegre Photo: Ministry of Justice
Along the same lines, he stated that President Petro and the Minister of Justice violate the principle of the right of natural judge: " The writs of protection against the President require the utmost technical rigor and neutrality, which only a court like the Council of State can offer . Now, under the new decree, any circuit judge, without experience or specialization, will be able to rule on writs of protection against the head of state," Cabal emphasized.
And he concluded by saying: “Petro seeks to control all fronts: the Constitutional Court, under scrutiny; the Prosecutor's Office, under siege; and now, the Council of State, displaced in its oversight of tutela proceedings. The regime doesn't want checks and balances. It wants impunity, silence, and obedience. This decree is incompatible with the Constitution and must be challenged, as I will. If it remains in place, the balance of power will collapse and presidential abuse will be institutionalized.”
Other reactions against the decree 
Council of State / Gustavo Petro. Photo: Private Archive
Within public opinion, the decree issued by the Government has generated controversy.
“What Petro is doing is a new blow against the high courts. He doesn't like control, he doesn't like being watched, he doesn't like being limited. He's targeting the Council of State, he wants to shackle it, he wants a justice system subordinated to political power. This isn't just any act; what we're experiencing is an institutional attack. Without the separation of powers, there is no democracy,” said Representative Katherine Miranda.
For her part, presidential candidate Vicky Dávila stated: “Petro wants to get rid of the Council of State. Now, with a decree, he's removing the High Court's right to review the legal protections against him. He wants a justice system tailored to his needs and on his knees. That's how all dictators are. That's how drug trafficker Nicolás Maduro is. Control serves them no purpose, nor do checks and balances. They only seek impunity. And what's more.”
Maria Alejandra Gonzalez Duarte
eltiempo