Análisis de la eficacia del medio de control de repetición como mecanismo para la protección del patrimonio del Estado a partir de las decisiones proferidas en el Tribunal Administrativo de Santander en el periodo de 2016 a 2019

Abstract

This research makes an analysis of the effectiveness of the means of control of Repetition procedurally enshrined in Law 1437 of 2011 and developed in Law 678 of 2001, based on the decisions made in the Administrative Court of Santander in the period from 2016 to 2019. The results show the legal ineffectiveness of the action as a mechanism for the protection of the State's assets, which is explained by the following causes: evidentiary weaknesses to prove the subjective element of the repetition action, the lack of suitability of the repetition action Faced with what is claimed by the plaintiff, the substantial considerations of the Judge that lead him to conclude that in the specific case the repetition or configuration of procedural defects that give rise to the nullity of the judgment of first instance does not proceed.