Análisis de los elementos de la responsabilidad patrimonial del Estado: caso InterBolsa

Abstract

This paper refers to the analysis of the constituent elements of State responsibility as head of the Superintendence entity to perform the functions of monitoring and control of commission brokerage firms, and for the case under study Interbolsa. This considering that investors to develop their activities within the framework of a market and thus of companies that are supervised by the Superintendence, are implicit endorsement or guarantee of protection by the state, that makes the difference between companies failed and / or scavenging illegal money. The theory of State responsibility in Colombia has a constitutional axis within the framework of compliance with the Charter and Article 90, within it the study or analysis of the theory and the existence of the elements of it is done in what happened with the stockbroker - InterBolsa. However, before questioning the act or omission of the State, it is to make an analysis from the perspective of the constituent elements of State responsibility, contrary to what happened with the collapse of the brokerage firm - Interbolsa - this taking into that the financial sector is no stranger to properly monitored by the State, especially when it comes to activities that pose a risk to the investor.