Objective Responsibility as a criterion of evaluation in the processes of Direct Reparation for the Unjust Deprivation of Liberty

Abstract

Theoretical concepts and jurisprudential antecedents of the Patrimonial Responsibility of the State for the Unjust Deprivation of Liberty were studied, emphasizing their regimes and titles of attribution. This article seeks to demonstrate that it is not possible to establish as the sole criterion of assessment the objective regime, since the preventive detentions that originate these demands for direct reparation, originate in criminal investigations with individual characteristics that do not allow to generalize their consequences. In conclusion, it is not possible to establish such liability,only on the grounds of the breakdown of public charges, but it is necessary to carry out a more indepth analysis of the circumstances that gave rise to these claims, based on the presuppositions of the subjective regime.