Responsabilidad del estado en la prestación del servicio público de agua potable como fin esencial

Abstract

The principle of Social Rule of Law, adopted in Colombia from the promulgation of the Political Constitution of 1991, includes the transmutation of a rule of law characterized by being passive and where its axis fundamental is the Constitution and legal norms, to a State where the person, his human dignity and his personal freedom prevail; this is why that any activity carried out by the State must be aimed at decrease the gap between rich and poor (where the rich are increasingly richer and the poorer and poorer) and to improve the conditions of life of the population through the satisfaction of basic needs, especially of those groups that for various circumstances are they are in a vulnerable situation. Thus, as the Political Constitution of 1991 contemplates that the provision of domiciliary public services is inherent to the social purpose of the State, precept from which follows the obligation that it has to guarantee its access to the entire Colombian population, without any discrimination; without However, sometimes this Constitutional postulate is neglected both by the State as well as by individuals acting as service providers public, thus giving prevalence to the commercial activity of these companies and affecting fundamental rights. Given this problem that affects certain population groups in the Duitama Municipality, was asked as a research question fundamental rights are violated by service companies public domiciliary, when they suspend the aqueduct service for default of payment, to person with special protection ?, the structure in that the research question was developed, allows, in turn, to address and Analyze, among others, the responsibility that the State has in relation to the efficient provision of the public aqueduct service.