masterThesis
El cambio del precedente en la responsabilidad del Estado por la privación injusta de la libertad. Transición de un régimen objetivo de responsabilidad a uno subjetivo
Fecha
2021Registro en:
342.088 G152
Autor
Galeano, Nestor David
Institución
Resumen
The liability of the State for unjust deprivation of liberty underwent a resounding change in 2018
with the issuance of a new precedent contained in Ruling 46. 947 with which the grounds for
declaring the liability of the Attorney General's Office and the Judicial Branch for events of
deprivation of liberty were modified; such changes have generated a wave of acquittals to processes
that were filed under the validity of the 2013 precedent and are being ruled under the validity of
the new precedent without the plaintiffs having had the opportunity to adapt their processes to the
new requirements of said precedent with which the interests of these citizens are being seriously
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affected. This presents us with a great opportunity to analyze the regime of State responsibility for
unjust deprivation of liberty in Colombia, as well as the implications that arise from the immediate
application of the new precedent.