Actualidad, crítica y propuestas frente a la indemnización de perjuicios en privación injusta de la libertad

Abstract

Every day in a society like the current one, it is easy to make judgments against the people around and the feeling of discontent is natural when things do not go as expected, considering that it was not due to their own carelessness, but to the influence direct from another being, which leads to wanting that entity, allegedly violator of their own space, receive a punishment, which compensates for the discomfort it caused. That feeling alone implies the need to personify the aforementioned influence, in order to have someone to claim for the damage suffered, in other words, to blame for responsibility. With the premise that any person who causes harm to another must respond, as mentioned above, the State, thanks to the legal personality that characterizes it, must be the first to exemplify the consequences of its acts, especially those that they violate the most important legal assets protected as life and, in the case under study, freedom. From this approach arises the legal problem that is exposed later. Depriving a person of liberty unfairly can become one of the worst insults to his life, his dignity, in short. Although those who work on these cases, including the undersigned, have not experienced a similar episode, it is enough to listen and read the experiences of inmates, to verify that of the injuries to the person, remaining unjustly in a prison must be included among the most serious .