Responsabilidad patrimonial del estado por el prófugo inmerecido. una modalidad de defectuoso funcionamiento de la administración de justicia.

Abstract

The work makes a study of the patrimonial responsibility of the State in general and, specifically, of the responsibility derived from the activity of the Administration of Justice, to determine if it is adequate and legally sustainable, the attribution of state responsibility for the damages caused to the people who are persecuted by the justice, in order to enforce an arrest warrant as a result of a custodial arrest measure, who are later acquitted within the criminal process that originated the measure, making such persecution unjust and undeserved the damages suffered.

In the same way, a theoretical development is made of the right to individual liberty, of the “ius necessitatis”, the damage and its unlawfulness, the distinction between the Administration of Justice (Judicial Branch) and the penitentiary system (Executive Branch), the rights of the investigated or prosecuted, the role of punishment and security measures, the true concept of collaboration with the Administration of Justice, individual and collective defense mechanisms against unjust aggression (the imminent danger that a detention center represents), and the legal and theoretical errors incurred by the Contentious Administrative Jurisdiction when resolving the cases raised characteristic of "undeserved fugitive".