La conciliación como requisito de procedibilidad en materia de lo contencioso administrativo

Abstract

Colombia has made great efforts in the implementation of new mechanisms which have been elaborated with such generalization that their understanding has produced interpretative and elaborative gaps. Law 640 of 2001 among other norms, have tried to give a judicial decongestion in contrariety to philosophical precept in a general sense. Within this framework, a series of questions arise that are derived from the loss of their naturalness due to their behavioral guidelines, which produce brakes in their scope or coverage, thus generating a series of institutional difficulties that aside from seeking to be a tool to facilitate access to justice, they produce great barriers due to the complexities in their interpretation and scope. Even so, the conciliation is an element that in Colombia is in the process of construction. Being new in the administration of national justice, presents some problems such as lack of initiative and interest of the parties to conciliate, lack of resources, among others are the reasons why the prejudicial conciliation is limited. For this reason, it is intended to answer the true meaning and use of the conciliation starting from its historical conception from an integrative framework with the Alternative Methods of Conflict Resolution (MASC), to continue in its penetration in the Colombian context.