SciELO - Scientific Electronic Library Online

 
vol.18 issue1Traditional Farmers Producing for the Agro-Export Market: Causes and Consequences of Such Productive ChangeAir Quality and Respiratory Diseases under Different Vehicular Restrictions Systems in Bucaramanga (Santander, Colombia) author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Journal

Article

Indicators

Related links

  • On index processCited by Google
  • Have no similar articlesSimilars in SciELO
  • On index processSimilars in Google

Share


Revista Lasallista de Investigación

Print version ISSN 1794-4449

Abstract

RONCANCIO B., Andrés Felipe; RESTREPO M., Mariana  and  HOYOS-GARCIA, José Fernando. Direct Reparation and Internal Armed Conflict: Constitutionalization of Tort Liability of the State. Rev. Lasallista Investig. [online]. 2021, vol.18, n.1, pp.84-99.  Epub Mar 10, 2022. ISSN 1794-4449.  https://doi.org/10.22507/rli.v18n1a6.

Introduction:

In matters of extracontractual liability of the State, the processes of direct reparation that have been derived from facts on the occasion of the CAI have generated changes in the categories of protection that have been transforming especially since the existence of the CAI is recognized. Objective: The main objective of this research is to determine which are the conditions that have been assessed by the Council of State to establish the adequacy of the title of imputation and the conditions of interpretation of the categories of antijuridical damage and the responsibility of the State.

Materials and Methods:

The study was delimited from the documentary review of a random selection of sentences of the Council of State taken in a non-probabilistic way through the categories of the titles of imputation that were presented in a chronological reconstruction where the reference axis was contrasted in an analytical dimension of the recognition of the CAI.

Results:

the study evidenced how among the different titles of imputation applicable to facts of the internal armed conflict there are parameters that evidence a transition from institutional omission that allowed a margin of the conception of the antijuridical damage wide towards a more limited margin based on a more rigorous development of the principle of legality.

Conclusions:

The declaration of the internal armed conflict had a great impact on the way tort liability was developed, which by providing new categories of protection generated more legal certainty but limited broad interpretations of tort.

Keywords : Tort liability; titles of imputation; antijuridical damage; internal armed conflict; legal certainty.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )