El daño autónomo de “perdida de oportunidad” derivado de situaciones de mora judicial o irregular funcionamiento de la administración de justicia, con ocasión de pandemia y post-pandemia

Abstract

The right to the administration of justice constitutes an essential prerequisite for the materialization of other fundamental rights, hence Law 270 of 1996, points to justice as a necessary superior value within the framework of the Social and Democratic State of Law and for achieve peaceful coexistence among Colombians, attributing responsibility to the State, for the activity of judicial officials and employees in circumstances such as the defective functioning of the administration of justice (art. 69), other than jurisdictional error (art. 66) and deprivation unjust freedom (art. 68) and therefore whoever has suffered unlawful damage as a result of the jurisdictional function, has the right to obtain the consequent reparation, especially in events in which they are in a potentially suitable situation to claim the achievement of an expected result and there is a high expectation of success of the claims invoked, but that in the event of actions or omissions, both by judicial officials and law firm employees, can trigger legal consequences adverse to the interests of the party