This document delves into the fundamental right to prior consultation, established by Convention 169 on indigenous and tribal peoples in independent countries, an instrument adopted by the General Conference of the International Labor Organization (ILO) of June 27, 1989, at the reparation in the Contentious Administrative Jurisdiction and the legal actions (medios de control) provided for in Law 1437 of 2011 Code of Administrative Procedure and Administrative Litigation is issued, in order to establish the origin of these means for the repair of damages caused to indigenous communities of Colombia by the State through the Public Administration, when this breaches the duty of prior consultation and responsibility is generated with this omission