This work is aimed to make a critic analysis on the current evidentiary system that is currently followed in the actions of direct reparation to prove moral damages suffered by the conscript soldier’s relatives. For that it will proceed to study the case of soldiers who suffer injuries or die during the time of their compulsory military service, also known as conscript soldiers. These cases have been chosen because, being an obligation imposed by the Political Constitution of Colombia and not voluntarily accepted or chosen as a professional activity, during the time of the compulsory military service the Colombian State assumes a higher degree of responsibility on that soldiers.