De la Intención a la Práctica: El Papel de los Comités de Conciliación para Consolidar y Fortalecer las Políticas de Prevención del Daño Antijurídico

Abstract

This paper aims to analyze the role played by the conciliation committees within the policy for the prevention of anti-legal damagein Colombian public entities. This is a topic of paramount importance, as the growing number of lawsuits against the State not only jeopardizes the Nation's fiscal stability but also reveals an administrative mandate to shift from a de facto defense to proactive risk management. This highlights the existence of a functional gap regarding how legal risks are effectively managed and administered. The current research is developed from a qualitative perspective based on a review of the current legal framework (such as Law 2220 of 2022), institutional documents, and specialized doctrine. This allows for understanding the reform of the legal framework regulating the prevention of Anti-Legal Damage and conducting a critical diagnosis of the effectiveness in complying with the duty to prevent. The analysis is conducted from the standpoint of the actual scope of the Committees' function as managers of the institutional prevention policy that is, how successful these entities, which possess a robust legal framework, have been in overcoming the traditionally reactive approach that public administration has given to this traditional function.