Indemnización del daño por afectación al buen nombre en Colombia

Abstract

With the emergence of the 1991 Constitution, a substantial change in the theory of civil responsibility was introduced. Being Colombia is a social State of law brings as a consequence that the priority of the State is the person, and therefore it must guarantee the protection to their rights and the total or integral reparation of all the damages caused to them when they are violated, that is to say, when there is unlawful damage. For this reason, it was necessary to overcome the notion of the Civil Code that conceived that the damage could only have consequences of a patrimonial nature, through jurisprudential recognition of the existence of immaterial damages and to incorporate new categories to repair the different injuries that a victim had had. Thus, different categories were added to the moral damage, such as physiological damage, damage to health, damage from aesthetic injuries, damage to the conditions of existence (among others), until finally the State Council on 28 August 2014 is pronounced in unification sentences, Exps. 31172, 36149, 28804, 31170 and 28832, in which it recognizes three types of non-pecuniary damage: a) moral damage, b) damage to health resulting from a bodily or psychophysical injury, and (c) damage to constitutional and conventional property protected. For its part, the Chamber of Cassation of the Supreme Court of Justice recognizes three classes of non-pecuniary damage; a) moral damage; b) damage to the life of the relationship and c) violation of fundamental human rights that enjoy special constitutional protection.