Responsabilidad del estado colombiano por falla en el servicio en cuanto al mantenimiento y señalización de vías durante el periodo 2011 – 2016 según la jurisprudencia del Consejo de Estado

Abstract

The patrimonial responsibility of the State is enshrined in our Political Constitution of 1991 in its article 90 which contemplates "The State will respond patrimonially for the unlawful damages that are imputable to it, caused by the action or the omission of the public authorities (...)" Liability is only attributable to the State when the damages are attributable to it and it is possible to verify that there was a fault in the service. In this way, we will carry out a relevant jurisprudential analysis addressing the position of the Council of State, on the responsibility for failure of the service regarding the lack of maintenance and maintenance of roads during the period 2011 to 2016 and thus determine the imputability of the same. Finally, we will describe how through different jurisprudential pronouncements the Council of State has exposed the causes that lead to the attribution of responsibility and the cases in which it is necessary to review the existence of the exemptions