La sentencia anticipada, una alternativa de descongestión judicial en el proceso contencioso administrativo en Colombia, a partir de la ley 2080 de 2021.

Abstract

The anticipated sentence seeks to obtain prompt decisions, avoiding having to complete all the ordinary stages of the process, going immediately to closing arguments and the ruling. Law 2080 of 2021 introduced this figure to the contentious administrative process, but in order to make use of it, one must be in one of the specific causes that article 182A to Law 1437 of 2011, establishes, namely: 1) before the initial hearing, when: (i) it is a matter of pure law, (ii) it is not necessary to practice evidence, (iii) it is only requested to have as evidence the documentary evidence provided with the claim and the answer, and on them no had formulated a fault or ignorance or (iv) the evidence requested by the parties is impertinent, irrelevant or useless; and 2) at any stage of the process, by: (i) initiative of the parties or the judge, (ii) finds proven res judicata, expiration, transaction, conciliation, manifest lack of legitimacy in the cause or the expiring prescription and (iii) in the event of a raid or transaction.