El requisito de procedibilidad de la conciliación en las demandas de lesividad y su eventual afectación al derecho a la igualdad.

Abstract

Effective judicial protection requires that all persons, regardless of their nature, be able to resort on equal terms before the administrators of justice; however, the general rules exonerated public entities from complying with the pre-judicial conciliation as an enabling prerequisite to go to the jurisdiction of administrative litigation, while individuals must exhaust this procedure to access to the justice.

At this point, in this research article the issue of the right to equality will be addressed by applying the deductive method, based on which, after analyzing different sources, it will be concluded that, in effect, there is a differentiated treatment between individuals and public entities when demanding prerequisites to sue before the contentious-administrative jurisdiction.

Unequal treatment that ignores the Constitutional Block, the Political Constitution and even, article 97 of the Code of Administrative Procedure and Administrative Litigation, hereinafter CPACA, a special norm that imposes the exhaustion of pre-judicial conciliation to the authorities when they intend to sue in the injury action an administrative act of a particular and concrete nature.