LA RESPONSABILIDAD PATRIMONIAL DEL ESTADO POR INTERVENCIONES DE LA FUERZA PÚBLICA – POLICÍA NACIONAL, CON OCASIÓN DEL EJERCICIO DEL DERECHO DE REUNIÓN

Abstract

This paper seeks to investigate the responsibility of the police in the use of force, delimiting the protocols established for the intervention of the same in public demonstrations held in universities, especially official ones. It will try to solve from the thematic deepening, which are the criteria to be taken into account for the imputation of antijuridical damage due to interventions of the Public Force, especially in institutions of higher education? It should be noted that judicial decisions on this issue have changed the methodologies, including the nature of the Mobile Anti-Riot Squad ESMAD, orienting it to dialogue and proscribing conduct harmful to the exercise of the rights of citizens. It is important that, from the academic community, it is possible to clarify controversial issues for the public opinion, in which there is a preconceived opinion without reviewing its origin. In the case at hand, the interventions of the Public Force are not expressly prohibited in the law, although it is a conduct that is not allowed by the prudence of the university authorities, in view of previous experiences. Sources ranging from public opinion, academic texts, normative provisions and judicial decisions were selected as a way of delving into issues that are common to all citizens, and of which many have established a position. The opinion is then approached from the elements that make up the subject that surrounds it, such as university autonomy, the regulation of the use of force in contexts of public demonstration, the regulation of the right to protest and the patrimonial responsibility of the State in interventions carried out in the midst of social conflicts and confrontations with civil society. This allows to advance the reasoning against objective criteria and what is more important, to understand that prudence in the actions, consensus, democracy and respect for the autonomy of the other are above the taxative resolutions of the law, because in this particular case the legal regulation may even be permissive. Subsequently, some rulings of the Constitutional Court will be analyzed in which the rights of assembly, university autonomy and limits to the use of force have been protected, as well as rulings of the Colombian Council of State in which the existence of anti-juridical damages attributable to the State has been determined in specific cases that allow identifying the assumptions raised in the work, seeking the delimitation of the most important elements.