The compensation of immaterial damage or extra-contentious administrative contentious jurisdiction

Abstract

In Colombia, since the twentieth century, it is possible to monetarily compensate the moral damage, as distinct from the material damages (damages and lost profits) typology, a situation that was accepted in the administrative courts; however, since 1993 other categories of non-pecuniary damage appear, generating many discussions and positions within the Council of State. This article deals with a presentation of the evolution of the types of non-pecuniary damage and quantification standards used by the contentious jurisdiction in the last thirteen years, making special emphasis on unifying sentences handed down in 2014, which established the criteria for recognition and quantification of wrongful injury caused by public entities, decisions tied for the work of the tribunals and courts of this jurisdiction.