La responsabilidad extracontractual del Estado por error judicial a partir de las decisiones de autoridades no judiciales y las altas cortes.

Abstract

This document is the result of a legal research based on the analysis and relationship of the normative provisions of domestic law, international law conventions, jurisprudence and doctrine, which seek to develop a hypothesis within the generic topic of the State's patrimonial liability for miscarriage of justice. This analysis is part of a qualitative research that aims to gather the normative, doctrinal and jurisprudential information that has been developed around the liability of the State for judicial error, and thus, in a first place, describe the status, characteristics, factors and procedures present in the actions involving judicial decisions, that is, a global characterization of the object of study that allows identifying and describing the context and magnitude of the judicial error coming from the decisions of the high courts and administrative authorities and individuals exercising jurisdictional functions. (Lerna, 2016) In turn, a judgment will be made on the thesis of inclusion of the decisions of non-judicial authorities and high courts of State responsibility for error from the Inter-American Convention on Human Rights. From this analysis it will be possible to evaluate the relevance or not of the exclusion of such judicial decisions from the configuration of State liability for error and, for both cases, to formulate viable legal hypotheses that contribute to the solution of cases in which error is present in this type of decisions. This circumstance is one of the challenges that the Council of State must assume when dealing with cases of judicial error, since there is a constitutional precedent in relation to the decisions of the high courts and an ambiguity in relation to non-judicial authorities. judicial authorities. Based on the objective of this descriptive research work, the conceptualization of the State, the factors, characteristics and procedures followed by the legal operator in relation to the liability of the State for judicial error in decisions emanating from bodies other than judges and its incidence by the jurisprudence of the Council of State and the Constitutional Court are addressed.