Overview

In the matter of compensation for non-pecuniary damages for harm to health and relationship life, the Council of State and the Supreme Court of Justice, since the birth of this subcategory, have issued rulings that for the purposes of this investigation generate a violation of the right to equality, and constitute a clear breach of the principle of full reparation for the victims, inasmuch as the economic compensation in the absence of compensatory scales and judicial arbitration as a subjective criterion of the judge are not sufficient to satisfy aspects of equality, given the unstructured nuance of axiological, anthropological, philosophical and psychological elements, on the magnitude of this as an all-encompassing criterion of the human being in the loss of these substantial aspects of life.From this point of view, we make profound criticisms of the existing system and make recommendations on how to bring them to the plane of equality, since the system of judicial competences in Colombia cannot be an obstacle to unequal criteria in the face of damages of such identity.

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