Responsabilidad internacional del estado por la inaplicación de estándares internacionales en la configuración de la privación injusta de la libertad.

Abstract

Freedom is a fundamental right that can only be intervened in exceptional circumstances in accordance with the guidelines established by the Political Constitution of 1991 and by the conventional norms of the Inter-American Human Rights System that regulate this human right. With this, it can be affirmed that, due to its special nature, freedom can only be limited in the cases provided by the legislator, provided that such intervention finds justification in the Colombian constitutional structure, or what is the same, provided that such intervention is carried out in order to protect a constitutionally protected good, and that it be developed under parameters of proportionality and reasonableness. However, preventive detention as a limitation to the right to freedom within a criminal process has ceased to be the exceptional rule and has become the general rule, so that work is intended to make a study in order to determine whether The Colombian state is internationally responsible for the violation of Human Rights, when, derived from an administrative contentious process, the State, through its jurisdiction, decides to deny compensation for damages to those who have been unjustly deprived of their liberty.