Abstrac: Protective action against a judgment is a polemic act and is not allowed in all of the states. In the Colombian state, as it was declared by the national Constitutional Court, it has been determined that protective action can be relevant for certain cases which were known as a de facto way, which had specific causalities for its relevance. This de facto concept was later changed for that of generic causalities for the relevance of a protective action against judgments, and one of those causalities is the factual defect, about which a descriptive and analytic analysis of its evolution are introduced in this text.