Abstract

YANEZ-MEZA, Diego Armando; PABON-GIRALDO, Liliana Damaris  and  SANTOS-IBARRA, Jennifer Patricia. Sentence for abstract payment for damages through the action of protection: sub-rules in their non-application according to the Constitutional Court jurisprudence. Rev. Derecho Estado [online]. 2019, n.42, pp.339-370. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n42.12.

The wide scope of the action of protection decisions in Colombia has allowed in innumerable cases, and not only in the text of sentence, the realization of rights in the lives of people, by granting diverse benefits, whether individuals or those who have administrative function. Amongst this typology of orders, we have Sentences for abstract payment for damages, which, although it is enshrined in the statutory decree that regulates this subject, has been little used by the judges and the Constitutional Court. In this respect and in the case of a typology with economic consequences for the defendant, and taking into account the Colombian context where there is a systematic threat and violation of fundamental rights, this research seeks to establish the sub-rules discovered from the jurisprudence of the Constitutional Court and that motivates the reduced application of this order in the action of protection. The foregoing, because in the case of the protection of fundamental rights, the Sentence for abstract payment for damages extends its scope of protection, to the point of becoming the most powerful order of the judge of constitutional guardianship.

Keywords : Action of protection; abstract payment for damages; requirements; damages; reparation; subrules; jurisprudential line.

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