Aplicación del principio de reparación integral en las acciones de grupo falladas por el consejo de estado (2000-2020), para resarcir de forma efectiva a las víctimas
Thesis
Group actions werw enshired within the 1991 constitution as a protection mechanism for any type of rihgt, regardless of wheter it is a collective right or not. Its purpose is to repair the damage caused to a plural number of people who decide to go before the jurisdiction through a single action, which does not prevent an individualization from being able to carried out with respect to the damage that was caused to them, as well as nor that if its is nos exercised, an individual action can be initiated for the same purpose. Now, the reparation that is sought with the exercise of this action must be understood not only as economic compensation for the damage caused, as it would initially be created, but also in a broader sense, encompassing the measures that international law has introduced up to the today. Therefore, comprehensive reparation is a right of the victimis to obtain conditions for the restoration of the aspects of their lives that were affected by the damage, which should include the measures of restitution, compensation, rehabilitation, satisfaction and guarantee of non repetition. In this regard, the State Council has progressively included these measures in its rulings, warning that they will be recognized in a subsidiary manner as soon as the compensation is not sufficient to repair the victims. Given this, it is appropriate to carry out this investigation regarding reparation within group actions in the contentious-administrative jurisdiction, so that the problem that has been raised for the present investigation is: how has comprehensive reparation been in the group actions failed by the Council of State (2000-2020), to effectively compensate the victims ?; The foregoing, in order to establish two situations: the first focused on the scope of application of the reparation measures and the second concerning their effectiveness.20 With respect to the first, it will be sought to determine which have been the reparation measures recognized by the Council of State, with regard to group action processes. This is due to the fact that the approaches that have been made so far, mostly point to reviews of the application of these measures within another class of processes such as direct repair, 21 leaving aside what happens within this type of collective actions. Thus, having each of these items, it will be possible to see how each one has evolved over a period of time, which in the present case will be between 2000 and 2020.
publication date
August 2, 2021 10:22 PM
Research
keywords
Analysis of the rulings of the Council of State in the matter of comprehensive reparation in group actions
Comprehensive reparation in group actions filed by victims of the conflict
Principle of comprehensive damage reparation in Colombia
Reparation in International Law compared to the law in Colombia
Reparation of the victims of the armed conflict in Colombia
