Alcances de la acción de repetición y de la acción fiscal

Abstract

The Social State of Rigt called to impet human development inside a stability and sustainability frame, that creats mechanisms that a llow to exert a control of management of public resources. Between these mechanisms there is the fiscal action regulated by law 610 of 2000, and action of repetition by law 678 of 2001, both oriented to damages reparation caused to the state and preservation of public resources, that is why, sometimes it is confused with an only fact, the source of both actions. The law 610 of 2000, regulated fiscal responsibility in order to stablish responsibilities for public servants and particular individuals when they are in exercise of fiscal management, or with ocation of it they cause by action or omission and intentional or seriously guilty way a patrimonial damage to the Estate. The law 678 of 2001, stablished as requirements for action of repetition, there has to exist a sentence, conciliation or another way to finish a conflict, that has been paid by Estate in benefit of a third person, in order to compensate the damage cause by one their agents by means of intentional or seriously guilty behaivor. Although fiscal action develops inside a fiscal management frame and the action of repetition of the State founded in sentences, conciliation and other ways of finishing the conflict in case of both budgets appear, the controversy has to go firts to the Natural Judge that it is the Jurisdiction Contentious Administrative.