Practical guide · 2026-11-02
Direct reparation against the State
Direct reparation is the action to have an administrative court declare the State’s liability for unlawful harm that is not litigated by annulling an act, but by imputing an action, an omission, or a fact. Constitution article 90 and CPACA article 140 are the title. Without harm, imputation, and causal link, there is no judgment.
Titles of imputation and how to sue
The Third Section of the Council of State has worked three main titles: failure of service; special damage (break of equality before public burdens); and exceptional risk. The limitation period is two years (art. 164.2.i). Pre-suit conciliation before the Inspector General is, as a rule, required (Law 2220 of 2022). Do not confuse this action with nullity and restoration (an act) or with a public-contract dispute (a contract).
How I can help
I served as Judicial Procurator for administrative conciliation. The case is won or lost on the title of imputation and the proof of harm. WhatsApp +57 318 887 7711.
Sources
Constitution art. 90. CPACA arts. 140, 164.2.i. Law 2220 of 2022. Council of State, Third Section. Santofimio.
This text is general information, not legal advice on a particular case.
Ronald Valencia
Avenida Calle 127 # 14-54, Oficina 610 A, Usaquén, Bogotá D.C.
WhatsApp 318 887 7711