Judicial Defense of the State: Justice Through Litigation?
The State of Colombia loses valuable resources because of damages awarded by courts in contract and tort cases. Many times, damage judgments result from citizens and companies hurt by the state’s actions or omissions. Often, however, these judicial decisions are the result of the state’s poor performance in court. Because of this, the central state and some cities, like Bogotá, have started programs in recent years to strengthen systems that monitor public information and trials involving the state, in order to develop more effective defense strategies in court. This document gathers the results of a thorough investigation by DJS that contributes to this effort by analyzing new state programs and by empirically studying tort and labor cases that most often result in damage judgments against the state. The text ends with specific recommendations on how to consolidate a new strategy for the judicial defense of the state. (Note: This document is written in Spanish.)
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