The violation of rights of constitutional nature seen as a compensable damage in the Colombian legal system
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Abstract
One of the steady changes in the law of damages is the inclusion and creation of new types of non-pecuniary damage, which, added to the constitutionalization of the Law, entails considering the possibility of compensating the mere violation of rights of constitutional nature. This situation is currently generating continued continuous doctrinal and jurisprudential discussions, especially when some doctrinants and administrators of justice are still support that compensation is only viable when an injury has been inflicted on a person or a good.
Therefore, there is still much to discuss in this regard and the expectation within the legal world is large compared to the development of this subject, since on the occasion of the positions that are adopted and clarified depends on the increase that occurs in the legal actions and indemnification claims by those who come to suffer a violation of a constitutional right.