Responsabilidad extracontractual y perjuicios a cargo de la nación por privación injusta de la libertad

Abstract

In Colombia, the legal errors in terms of direct reparation for the unjust deprivation of liberty are generating a patrimonial detriment to the State due to the convictions that force it to pay the sentences issued mainly by the Council of State, money that comes from the public treasury. This event is triggered by acts that the accused did not commit or because there was no conduct that constituted a punishable act, and as a consequence he is wrongly judged. In the context described above, the arbitrary practices of the administration of justice are denoted, which leaves aside the legal duty to investigate and highlights the non-contractual responsibility of the State. Manifesting the various legal positions within the jurisprudence accepted by the Council of State; Hence, the two methods used by this contentious-administrative closure body are highlighted, the strict liability regime and the subjective liability regime. Of the two regimes already mentioned, both the punitive limits of the State are exposed, which are sometimes exceeded, as well as the fundamental right of freedom, turning justice into a corrective notion for that unlawful damage that generated that damage and that must have a direct reparation to request compensation in accordance with the provisions of Article 90 of the Political Constitution of Colombia, since the unjust deprivation of liberty violates fundamental rights and generates social stigmatization, psychological and moral damage to the victim and their families.