La Pérdida de Oportunidad en la Responsabilidad del Estado Colombiano como Mecanismo de Reducción de Desigualdades Probatorias: una Aproximación Desde el ODS 10

Abstract

This research article seeks to analyze the loss of opportunity within the framework of the non-contractual liability of the Colombian State, assessing its relevance as a mechanism capable of reducing evidentiary inequalities, promoting substantive equality in judicial proceedings, and aligning with the objectives of Sustainable Development Goal 10 (SDG 10).

Accordingly, through the application of a descriptive, critical, and propositional methodology, a qualitative approach, and a deductive method, the study examines the doctrinal and jurisprudential foundations of this legal institution, with particular emphasis on the treatment afforded to it by the Colombian Council of State.

Based on the foregoing, the article identifies the consequences, in terms of inequality, that may arise from requiring absolute causal certainty in liability proceedings, especially in contexts characterized by scientific, technical, or evidentiary complexity. In such circumstances, the loss of opportunity emerges as a tool that supports the recognition of State liability as a consequence of the impairment of an individual's legitimate expectations based on probability, when it is impossible to fully demonstrate the attribution of the damage.

The study concludes that this legal doctrine contributes to mitigating legal inequalities arising from evidentiary difficulties, strengthens substantive equality, and broadens opportunities for access to full reparation, without disregarding the structural requirements of State liability. Therefore, it constitutes an instrument compatible with efforts aimed at reducing inequalities and promoting a more equitable system of justice.