Teoría Jurídico - Económica del Daño Moral para la Indemnización de la Responsabilidad Estatal

Abstract

The imprecision of the high courts in Colombia at the moment of the quantification of the nonmaterial damage (moral damage) to the lack of unification of these at the moment of being indemnified by its complex criterion of valuation generates in many cases a double payment of them as for state responsibility and demonstrates a waste of money that contributes to the increase of the monetary deficit that the Colombian possesses due to the exorbitant national debt. Contradicting monetary theories such as of the post Keynesian French school which estimates the budget expenses of the state automatics capable of being opposed to the systematic risk, from it we could say that the state contributes, by the nonunification of the moral damage or the incorrect globalization of them, to the torts of the state that creates a systematic economic risk. Its necesary a juridical economic theory that tends for a relation cost-benefit that means a correct globalization of the moral damage. How to avoid the economic imbalance at the moment of indemnify nonmaterial damage as for state liability looking for a Saberes, II 2020, ISSN: 1794 -4384 (En línea), 1794 -4384 (Impreso) Página | 69 good relation cost-benefit by a correct unification of these damages?