Tipologías del perjuicio inmaterial en la jurisdicción contencioso administrativa en Colombia

Abstract

Looking at the man from a global approach in its composition as a person, we can say that it is composed of material and immaterial factors, which in terms of civil liability means that when the man is a victim of a harmful event in any of the two factors it is sufficient reason to access the means of repair. The foregoing is important because if at the time of compensating for damages only the materials are requested, we are not knowing how the same harmful event also causes internal and external damages to the person who has suffered the damage. In the present work, we intend to carry out a state of the art on the evolution of the typology of non-pecuniary damage in the contentious-administrative jurisdiction, taking into account that in this jurisdiction recent pronouncements have been made by the Colombian Council of State, in which has introduced "biological damage or health" as new immaterial damage, and in turn has left the door open to compensate each of the fundamental rights affected by the harmful event, which leaves aside the traditional classification of moral damages and damage to life in relation, which at the time was unanimously accepted by the Colombian high courts.