Examinando por Materia "Extracontractual Liability"

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    El cambio del precedente en la responsabilidad del Estado por la privación injusta de la libertad. Transición de un régimen objetivo de responsabilidad a uno subjetivo
    (Universidad EAFIT, 2021) Galeano, Nestor David; Aramburo Calle, Maximiliano Alberto
    The liability of the State for unjust deprivation of liberty underwent a resounding change in 2018 with the issuance of a new precedent contained in Ruling 46. 947 with which the grounds for declaring the liability of the Attorney General's Office and the Judicial Branch for events of deprivation of liberty were modified; such changes have generated a wave of acquittals to processes that were filed under the validity of the 2013 precedent and are being ruled under the validity of the new precedent without the plaintiffs having had the opportunity to adapt their processes to the new requirements of said precedent with which the interests of these citizens are being seriously 3 affected. This presents us with a great opportunity to analyze the regime of State responsibility for unjust deprivation of liberty in Colombia, as well as the implications that arise from the immediate application of the new precedent.