La responsabilidad del estado por los daños causados en la protesta social en Colombia

Abstract

In recent years Colombia has experienced situations of violence generated in the midst of massive social protests. In addition to the destruction of public or private property and alterations to free movement, injuries and deaths were caused to demonstrators, also affecting the individual rights of those citizens who did not participate in the demonstrations. In this context, concern arises about the responsibility of the State, which from a constitutional rank is attributed the obligation to respond and repair all that antijuridical damage that can be attributed to its agents when they are in the exercise of their functions. In this sense, this research work addressed the responsibility of the Colombian State in the face of social protest, from the theory of damage and the national context of the last five years. After reviewing the current legal documentation, it was determined that the State is responsible for the action or omission that may affect or damage the fundamental and individual rights of any person involved in or affected by the exercise of the fundamental right to social protest. However, taking into account that in a framework such as that of a protest, the State claims not to be responsible for the totality of the damages, the complexity arises to identify with certainty who the perpetrators are. This is where the victims of damages are forced to bear a burden that they should not have to bear.