Responsabilidad del estado legislador frente a las lagunas jurídicas

Abstract

The following research aims to explain how the legal system in Colombia still does not take appropriate measures enshrined in our national constitution, in the case of compensatory damages when the rights of individuals are violated by negligence of the legislator when creating contents lapses laws regarding the loopholes. This lack of responsibility of the legislator is unlawful damage which ignores the constitutional rights enshrined in the Charter 91 and in its wording makes the call for public servants to safeguard the honor and property of the social conglomerate which could ensure peaceful coexistence. When we say that the law is the expression of sovereignty and is represented by Congressmen by the will of the people; This does not mean that the state does not take responsibility for their public servants for the wrongs committed against the national Constitution. In this state of things as the court have called we cannot turn our Colombian law in to a patchword to remedy the loopholes that have overshadowed the vital work of our 1991 national constituent assembly. During the research we consider the following question and is because the responsibility of the legislator state in the compensatory damages doesn´t have repercussions against the person who embodies the public service and who is causing the unlawful damage?