Abstract
With the issuance of Decree 216 of 2021, the Temporary Protection Statute for Venezuelan Migrants is given way within the Colombian legal system, which aims to offer necessary benefits for the regularization of thousands of migrants settling in our country. Thus, the present research work tends to analyze from the legal level, if this regulation guarantees the enjoyment of fundamental rights of this community, according to the precepts of International Humanitarian Law or if, on the contrary, in the exercise of the principle of sovereignty, the National Government was discretionary and limits access to the statute to Venezuelans who intend to remain in Colombia.