El derecho a la reparación económica y su ejecución en materia de Garantías Jurisdiccionales

Abstract

Abstract: This article analyzes the right to economic reparation, conceived as a form of integral reparation as established by the Constitution of the Republic and international human rights instruments. This Constitution, of a guaranteeing nature, imposes on constitutional judges the obligation to compensate violated rights, through different measures, including economic reparation, which aims to restore economic damages caused to victims of violations of constitutional rights. The Constitutional Court has developed a line of jurisprudence for the execution of this type of reparation, starting with landmark judgment 011-16-SIS-CC, which establishes the rules of procedure. However, in practice, different problems have arisen in the quantification process, such as delays, partial compliance, errors of interpretation, unenforceability for factual or legal reasons, failure to comply with the rules, etc. This has forced the Court to modify the jurisprudential line in order to guarantee the application of constitutional principles of celerity, effectiveness and simplicity. A reform of the enforcement process is proposed in order to decongest the judicial system and ensure timely and effective reparation of the victims' rights.