Responsabilidad fiscal del servidor público a la luz de los postulados de la cláusula general de la responsabilidad patrimonial del estado

Abstract

This article discusses the State’s exercise of compensation with its agents to recover any damage caused to its property, in order to determine whether the fiscal responsibility of public servants conforms to the elements of patrimonial responsibility of the State enshrined in Article 90 of the political constitution of Colombia, based on an analytical methodology-descriptive, based on the analysis of constitutional and legal sources, as well as jurisprudence and national doctrine, addressing the patrimonial responsibility of public servants from a material aspect, analyzing each of these liability regimes, then emphasizing the anti-legal damage, derived from the action or omission of any public servant, which implies that the State must make reparation to a third party, with the difference of the damage in fiscal responsibility, in which the agent is required to comply with a certain quality, that is to say, those who are in charge of fiscal management in a public entity, evidencing a great similarity between fiscal responsibility and the elements of patrimonial responsibility of article 90 constitutional, having a common purpose but a different legal and constitutional basis.