La responsabilidad extra-contractual del Estado por error judicial en Colombia

Abstract

The handling given to the extra-contractual responsibility of the State because of a jurisdictional error in Colombia has been a mere jurisprundential one, since there has were no norms that would regulate such a responsability. The 1991 Colombian Political Constitution, in article 90, clearly consecrated the patrimonial responsibility of the State.This norm does not explicitly refer to the judicial activity yet upon referring to public authorities, it is understood that it may be fit to predicate such a responsability unto those members that exercise judicial activities. The Constitutional Court and the State Council were in charge of explaining the reach of the constitutional norm and fixing the parametres for the adequate development of article 90 of the Constitution.