ImpactU Versión 3.11.2 Última actualización: Interfaz de Usuario: 16/10/2025 Base de Datos: 29/08/2025 Hecho en Colombia
El control de convencionalidad (CCV) en la jurisdicción contencioso - administrativa - retos en la aplicación de medidas subsidiarias de reparación no pecuniarias.
The present investigation will analyze as the Council of State, together with magistrates and judges of the contentious-administrative jurisdiction have been applying the measures of reparation not pecuniary according to the stipulations of the regional jurisprudence, decreed in sentences declaring the responsibility of the public force for the violation of human rights and international humanitarian law. This will initially develop the concept of antilegal damage and the theories of liability applied to the public force, continuing with the concept of victim, comprehensive reparation and non-pecuniary measures that it comprises, analyzing with Posteriority the application of this type of means carried out by the contentious-administrative jurisdiction in sentences against the nation-Ministry of National Defense for violation of human rights and international humanitarian law by reason of the evolution Of the concept of Control of Convention (CCV) proposed by the Inter-American Court of Human Rights (court HDI) and its execution within the Colombian order. Finally, the judgments of the Council of State which have dealt with the subject matter of this investigation, particularly those which decree the means of non-pecuniary reparation from their suitability, relevance and effectiveness, are examined, evidencing the application of Conventionality Control in Colombia by means of these measures under the compliance of legal budgets.