Responsabilidad estatal por error judicial

Abstract

The jurisprudence the Council of State understands that the judicial error is always to set: (i) the error is contained in a judicial decision firm; (ii) incurred an error of fact or legal; (iii) a certain and unlawful damage it causes, and (iv) the error affects the firm judicial decision under. Similarly, the same Corporation has determined that the jurisdictional error may be factual or normative order. The first involves differences between the procedural reality and the judicial decision because "i) not considered a fact duly proved or ii) is considered as a fundamental a fact that was not, or distances between material reality and procedural occur, iii) because no evidence leading decreed to determine the relevant event for the right or iv) that the judicial decision was based on a fact that later proved it was false." Meanwhile the error or legal law, supposed mistakes "i) in implementing the law, as applied to the case a rule that was not relevant or no longer applied directly or indirectly applicable thereto, ii) when they applied nonexistent or repealed rules or similar "