Examinando por Materia "Responsabilidad patrimonial del Estado"

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    Responsabilidad patrimonial del Estado derivada de la subasta inversa : implicaciones jurídicas en el marco de la contratación pública
    (Universidad EAFIT, 2026-05-14) Patiño Gallón, María José; Díaz Díez, Cristian Andrés
    State liability, according to Article 90 of Colombian Political Constitution of 1991, imposes upon the State the obligation to provide reparation for unlawful damages attributable to the acts or omissions of public authorities. Within the field of public procurement, this mandate acquires particular significance not only during the contractual performance stage, but also in the pre-contractual phase, given the emergence of legitimate expectations and legally protected interests that arise prior to the execution of the contract and warrant judicial protection. The purpose of this article is to examine and explain State liability arising from the use of reverse auctions under the simplified selection modality, as conducted by entities subject to the General Public Procurement Statute. To this end, the study provides a conceptual framework on reverse auctions, State liability, and pre-contractual liability. It further analyzes the constituent elements of State liability and identifies the economic implications that may arise during the pre-contractual stage when a reverse auction is conducted, as well as their relationship with the State’s patrimonial liability. Finally, the article offers a set of reflections on the topic addressed and recommendations for the prevention and mitigation of unlawful damage for public entities during the pre-contractual stage of the reverse auction.
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    Responsabilidad patrimonial y extracontractual del Estado por delitos cometidos por personas privadas de la libertad que se encuentran en instituciones penitenciarias, carcelarias o en prisión domiciliaria y reclusos que tienen permisos de salida vigilada y controlada
    (Universidad EAFIT, 2021) Muñoz Marín, María Camila; Pérez Medina, Gonzalo Andrés
    According to the same title of this research, that is, patrimonial and extra-contractual responsibility of the State, the objective of this monograph is to understand or develop the nature of the relationship in which persons deprived of liberty (PDL) find themselves with the State, so that, from there, it can be concluded whether or not there is a possibility that this type of responsibility may be entrusted to the State, when a PDL, whether it is preventively detained for the possible commission of a crime or convicted of a punishable act, they also decide to continue committing crimes, by themselves or through another person, against a third party located outside the prison. Thus, for example, through the use of cell phones that are illegally inserted into the prison or when the PDL is not in the prison but in house arrest or under the figure of a state of freedom due to a supervised exit permit. and / or controlled; even in the case of a massive release, for example, like the one experienced recently, due to the Covid-19 virus pandemic. Therefore, we will begin by making a brief account of what is the tort liability of the State, to later analyze certain judgments of the Council of State that may be relevant to answer the question of this investigative work and, finally, extract from them elements that can be used to determine whether, in effect, it is possible to ascribe to the State non-contractual patrimonial responsibility when a PDL commits crimes while under its surveillance and control. The same as establishing whether it can be applied to other areas outside of penitentiary and jail institutions, for example, in the case that the individual has house arrest or is on conditional freedom or enjoying benefits such as special permits.