Tipologia y reparación del daño inmaterial en Colombia

The typology and reparation of non-pecuniary damage constitute two of the main problems of patrimonial liability. This is reflected in the permanent formulation of proposals by scholars and judges. always in order to guarantee the achievement of justice in specific cases.

 This essay presents a critical study of the sentences of the Colombian Supreme Court of Justice and the Council of State that contain the current jurisprudence on the solution that should be given to the aforementioned problems. and the thesis is defended according to which in it. In some cases, improper use of equity is made. which puts at risk the effective application of the comprehensive reparation rule.

 To demonstrate this, the author analyzes in detail the guidelines issued by the aforementioned judicial corporations. whose task she considers essential and indispensable in a field related to the elusive interests of the person, always qualified by his particular conditions, in which she considers, on the other hand, the successful intervention of the legislator to be unlikely.

 The essay seeks to present. So, from a critical perspective. a different opinion, with the idea of contributing to reflection within the framework of the useful and necessary dialogue that must exist between jurisprudence and doctrine.