Abstract

CARRILLO CRUZ, Yudy Andrea  and  AMAYA MARTINEZ, Marilexandra. Application of the means of repetition control in the municipality of Villavicencio during the period 2001 to 2012. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2014, vol.44, n.121, pp.673-697. ISSN 0120-3886.

In this exploratory research it was used the inductive method in order to identify the factors of ineffectiveness of the means of control of repetition in the city of Villavicencio, between the years 2001 to 2012. It was assumed that the application of this figure has been ineffective in the city and it attempted to verify the causes of such failure. The legislator, in fulfillment of the Political Constitution, created the Act 678 of 2001, which regulates the action of repetition and the appeal under warranty with repetition purposes, as a state mechanism to diminish the loss of public treasury, every since the State should not assume the property consequences of the fraudulent or seriously guilty behavior of public servants, that because of their fault it produced an anti-juridical damage that must be compensated at public administration expense. However, in the period from 2001 to 2012, in cities like Villavicencio, this law was not implemented; the local government was forced to pay, in trial and conciliation, compensation in 308 cases, and only nine of them were repeated against public servants, In conclusion, the lack of implementation of the means of repetition control was due to the absence of knowledge on law enforcement 678 of 2001 itself, to lack of willingness of the officials who should exercise it, to flaws in the conciliation Committee of entities, as well as the non-use of the appeal under warranty with repetition purposes, as the Law establishes it, which would allow speed in the processes and clearing of the judicial offices.

Keywords : Anti-juridical damage; Means of repetition control; Liability of the public servant; State patrimonial liability; Convictions against the State.

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