La acción de repetición contra decisiones de los jueces de control de garantías podría afectar la independecia y autonomía judicial

Abstract

This article is product of a historical and jurisprudential analysis from the general clause of liability of the State for wrongful deprivation of liberty, in relation to the action of repetition against judicial officials in particular against decisions handed down by the judge of Control of guarantees, within the Colombian administrative regulations. This kind of action, scheduled in our legal system the State recover or get the refund paid under condemnation for damages has been judicially imposed either in a sentence, conciliation or other form of termination of a conflict, as a result of the action or omission seriously negligent or fraudulent of a server or former public servant or a particular invested with a public function before the administrative jurisdiction. The previous action is very important to the State, but is very little used since it requires compliance of a subjective ingredient so that the State once canceled a conviction compensation promotes this type of action against public officials and for the purpose of this article to judicial officials. In addition, it is important to highlight the autonomy and independence that accompanies judicial decisions, that Yes under the compliance and observance of the rules laid down for the resolution of a specific case, under penalty, in addition to incur in case of deviating in a criminal offense called malfeasance.