Publicación:

Tendencia actual de la responsabilidad estatal en procesos de privación injusta de la libertad proferidos por la sección tercera del Concejo de Estado en los años 2016 a 2017

Resumen

The Social State of Law is founded on the dignity of the human person and is nourished by the philosophy that informs solidarity (Article 1 CN), so that it can not be structured or operate on the lack of awareness of the rights of individuals, affecting their honor and heritage, with damages and obligations that do not have the legal duty to support. In Colombia has been observed the problem of mass arrests, becoming increasingly frequent, arbitrary practices and the inadequate use of power by depriving a citizen of hes freedom. This is causing problems, as the demands for state responsibility, generating a patrimonial detriment; State responsibility must be stated in all cases in which an acquittal or its equivalent (estoppel of the investigation or cessation of proceedings) is issued because the fact did not exist, the accused did not commit it or the conduct did not constitute a punishable act ; although it is true that the State is in the legal duty to investigate, the citizen is not under a legal obligation to withstand the Unjust Deprivation of Liberty.