La responsabilidad extracontractual del estado frente a la violación al principio de confianza legítima en los acuerdos de paz

Abstract

After 55 years of conflict in Colombia, and after several attempts at a peace agreement, the government of President Santos made a major effort to consolidate a peace agreement with the FARC guerrillas in exchange for granting the armed actors benefits such as a commutation of sentences or a total or partial exemption from their duties to repair the damage caused by them and suffered by the victims of the conflict, This tension inherent in transitional justice is projected onto the non-contractual responsibility of the State, because the action of the State in the process of transitional justice can cause damages that, based on the general clause of State responsibility established in Article 90 of the Constitution. P, consequently, the State could be liable for anti-legal damages on the occasion of the peace agreements is a premise that we will try to discover in the present work.