LIABILITY FOR DAMAGES ARISING FROM THE SO-CALLED "MISCARRIAGE OF JUSTICE"

Abstract

The responsibility of judicial officials has been, through jurisprudential and doctrinal criteria, the subject of a regulation that in fact generates a system of relative immunity with respect to the damages that those agents cause as a result of their functions. This immunity regime does not have legal regulatory support and violates constitutional principles such as those of equality before the
law and full reparation and that is why a new interpretation of these parameters or jurisprudential requirements is justified so that they adjust to the regime regulations contemplated by the Civil and Commercial Code for all public agents in art. 1766, within which the personnel of the Judicial Branch must be included and also the current reality where primacy is given to the right to reparation.