This paper addresses the recognition of digital inclusion as a fundamental right in Colombia, thus contributing to the progress of the constitutional theory about the recognition of fundamental rights in Colombia. In recent years, the digital divide has attracted widespread attention of the national and international community. This digital divide has been intrinsically associated with the concept of fundamental right, since digital inclusion is considered as a key factor in social and individual progress. In this paper we conduct the evaluation of the doctrine and the case law criteria on the inclusion of new fundamental rights and the protection using the action for protection (tutela). This evaluation is carried out through a document review and legal interpretation that allows identifying some arguments to justify the consideration of digital inclusion as an inclusion to fundamental rights in the Colombian legal system.