Responsabilidad patrimonial del Estado por privación injusta de la libertad a partir de 1991

Abstract

Actually the unjust imprisonment has topped the list of claims against the State using the action of direct repair and foisting against the administration high sums of money damaging the state budget; therefore it is important to know from the law, doctrine and jurisprudence the elements that constitute regimes of State liability, titles of imputation of such liability and actions of control and reconciliation that are actually to analyze what is the most appropriate to treat this clear violation of the fundamental rights of human beings such as life, liberty, good name among others, especially when this deprivation becomes unjust either for the correct and legal act of the Administration or by the illegal act of one of its agents in the process of capturing, the measurement of detention or simply because the alleged infringer did not commit the crime or the conduct was not punishable.