Análisis de la tendencia de la línea jurisprudencial en Colombia, de las causales exonerativas de la responsabilidad extracontractual del Estado, en los casos de reparación directa del Instituto Nacional Penitenciario y Carcelario INPEC

Abstract

This degree work is an analysis of the trend line of decisions of the State Council of the defenses of state responsibility in cases of direct indemnity against the National Penitentiary and Prison Institute INPEC, watching how they operate these figures and if it is easy to state defense, arguing the exemption from responsibility. State responsibility arises in our country in the nineteenth century, when in 1886, the Supreme Court, utters a ruling in which it is spoken for the first time that the State must compensate citizens for damages that are caused by officials who are in charge. Similarly, in the 1991 Constitution, it was contemplated such responsibility under Article 90.In order to analyze some of the judgments issued by the State Council, it is to determine in what sense fails this corporation, when trying to disavow responsibility the Colombian State regarding cases of direct indemnity brought by private persons freedom detention center, also know the analysis by the State Council in respect of each of the causes exonerating the State.