This research sought to establish the application of the precautionary principle, from the perspective of judicial institutions, in situations involving nanotechnology and nanotechnology-based medicines within the Colombian legal system. To this end, the methodology employed was documentary analysis, primarily focusing on the provisions of regulatory instruments and legal doctrine concerning the precautionary principle. Similarly, a structural and functional analysis was conducted using databases, books, and book chapters. This work also followed a systematic hermeneutic approach to the norms and documents with normative and theoretical-legal content, all of which relate to the applicability of the precautionary principle. The conclusion is that the application of this principle is indicative and discretionary, depending on external factors.