Vulneración al principio de seguridad jurídica y reparación integral, en aplicación de la culpa exclusiva de la víctima

Abstract

By means of this legal article, we seek to raise the need to establish a minimum and maximum framework of mobility of legal interpretation, with respect to the administrators of justice in the contentious-administrative area, due to the fact that in the different judicial decisions, there is a tendency to exonerate the Colombian State from administrative responsibility, through the application of a particular legal figure called "Exclusive Guilt of the Victim" which took force in its implementation in accordance with the position adopted by the Council of State, as the highest court of the contentious-administrative area in unification sentence No. 05001-23-31-000-2012-00690-01(54121).

In this judicial ruling issued by the highest administrative court, the chamber was not emphatic in referring to each of the causes of action as the exclusive fault of the victim, leaving open an ambiguous path of judicial interpretation, which has served to allow administrators of justice to arbitrarily justify the absence of non-contractual liability of the State for harmful acts attributable to administrative entities, or, failing that, recognizing the apparent concurrence of faults, under the denomination of behaviors or acts that lead to the causality of the harmful event, revealing the ineffectiveness of the means of control of Direct Reparation, which violates the principle of Legal Security, since the decision of the judicial officer ends up being discretionary and contrary to the interests of the plaintiffs.