Análisis de la responsabilidad objetiva del Estado en privación injusta de la libertad: efectos de la sentencia de unificación del Consejo de Estado expediente No. 46947 del 15 de agosto de 2018

Abstract

The state responsibility is a constitutionally recognized fact when by action or omission of the agents of the state an unlawful damage is caused to the administered ones, event in which these will receive by way of compensation an economic payment and in many cases symbolic, together with the compensation of damage. In this way the jurisprudence line of the State Council had maintained it, until, in response to an action of direct reparation for unjust and undue deprivation of liberty, the highest organ of the Contentious Administrative Jurisdiction changed its own jurisprudential precedent, and of In the same way as the Constitutional Court, he affirmed that the responsibility of the State cannot be taken as objective, but that other circumstances - attributable to the citizen and not to the state itself - would have to be taken into account, to assess whether or not a cause was incurred of compensation and compensation for the damage. By extending the Unification Judgment, the State Council is forcing all competent legal operators in matters of patrimonial responsibility to carry out an analysis on the subjective individuals that fall on the plaintiff - affected, but not on the subjective conditions that allowed the unlawful damage , going against the constitutional principles and the fundamental human principles of the co-associates of the Social State of Law, where the citizens were provided tools to protect their rights when it is he who with his action or omission becomes the violating agent.