La responsabilidad patrimonial del Estado por cuenta de la imposición de una medida de aseguramiento privativa de la libertad, a la luz de la jurisprudencia del Consejo de Estado entre los años 2018 a 2022

Abstract

The investigation that is presented below focuses on determining the transcendental evolution that has been taking place in the face of the processes of unjust deprivation of liberty and how patrimonial responsibility is attributed to the State and the way in which it is configured or not a failure in the service on the part of the State, at the moment in which a main right such as the right to freedom is taken away, likewise, establish what aspects are taken into account to impute the lack of responsibility to the State patrimonial, under the concept that if the State has as a guarantor of rights and for that reason, it is subject to a liability regime enshrined at the constitutional level (Political Constitution, 1991, art. 2 and 90). For this reason, an analysis of the issues that surround this type of responsibility is made, as described below, by taking a series of studies carried out, in order to find conclusions that can help a clear understanding of the general topic such as the Patrimonial responsibility of the State against the unjust deprivation of liberty, for such conclusions a search of concepts established in physical and virtual bibliographic sources was carried out, included in doctrinal, academic and jurisprudential concepts.