La congestión judicial como un elemento de responsabilidad patrimonial del estado por la dilación injustificada en la administración de justicia.

Abstract

In a social State of Law (ESD); As the Colombian model is framed, it must be aimed at satisfying the basic needs of its associates and therefore guaranteeing the protection of their fundamental rights. However, the very essence of the DSU is in question, since there are serious flaws in its structure and a paradigm that does not escape this is evidenced in the deficient administration of justice. Consequently, phenomena such as “judicial congestion” allow to argue that there is a high degree of vulnerability of the associates in the face of the speed with which their matters are resolved, becoming, in many cases, nugatory possibility of obtaining a quick solution that effectively protects the rights and procedural guarantees of people who access the administration of justice in Colombia. Thus, through this research work, the scenario of judicial congestion is analyzed as an element of responsibility of the State in relation to the guarantee of protection of the fundamental right to the administration of justice and the consequent damages that must be caused due to the negative efficiency of the service.