Criterios para atribuir la responsabilidad civil extracontractual del Estado panameño. Análisis jurisprudencial de la Sala Tercera de la Corte Suprema de Justicia de Panamá durante el periodo 2015-2020

Abstract

The Third Chamber of Administrative and Labor Litigation (hereinafter Chamber III) of the Supreme Court of Justice (hereinafter CSJ) of Panama is in charge of a heterogeneous process such as the attention of public servants and those that originate from acts, omissions, defective or deficient performance of these, as well as from resolutions, orders or provisions that execute, adopt, issue or incur in the exercise of their functions or under the pretext of exercising them. Whether these officials, national or municipal authorities that work in autonomous or semi-autonomous entities, who can be accused of violating laws, regulatory decrees, statutes, regulations and/or agreements that affect or damage someone, their rights or their assets. Therefore, it is a necessity for the specialist in Civil Law to know the operation of this Chamber, its laws and the regulations related to its structure. It is necessary to show the current situation, the operating standards and the action capacities of Chamber III of the CSJ of Panama with the objective that they are useful to understand this institution that is becoming increasingly important as a generator of effective citizenship through civil liability. Identifying the objective criteria for attribution based on fault has been one of the challenges faced in the development of this project, especially since it generates the general requirements of the extracontractual objective civil liability of the State. This is precisely one of the objectives of this work: reflecting on the identification of some problematic aspects presented by the sentences issued in Chamber III of the CSJ of Panama. The analysis is carried out with a view to the possible development of a theory of non-contractual civil liability by the Panamanian State, which can generate a characterization or derived theory, which facilitates research in this field of Civil Law. This has become one of the theoretical contributions of this research project and also provides a solid foundation for future research on the subject. This investigation is based on the criteria that serve as the basis for the jurisprudential analysis of the proceedings of Chamber III and for the specific case of this investigative project, the non-contractual civil liability of the Panamanian State, whose processes have been ruled by Chamber III of the CSJ in the period from 2015-2020. For the development of the analysis, specific cases were taken in which failures in the service and the objective responsibility of the State are determined and that the magistrates of Chamber III declare it directly and jointly and severally responsible. For this, the following question has been formulated that will guide this investigation: What are the attribution criteria that facilitate the analysis of extracontractual civil liability of the Panamanian State in Chamber III of the Supreme Court of Justice of Panama during the years 2015 to 2020? ? This work focuses on the jurisprudential analysis of the non-contractual civil liability of the Panamanian State, specifically, in the sentences issued by Chamber III of the CSJ during the period 2015-2020. The methodology used in the research focuses on a qualitative approach to describe the qualities of the phenomenon under study. The content analysis technique was used based on the documentary analysis of thirteen cases of the proceedings of Chamber III of the CSJ during the period 2015-2020. Two evaluation matrices were used based on suggestions from authors such as Baguero et al., (s/f); Aedo (2014), Alarcón and Muñoz (2018), one of which focused on aspects such as the date, the fact, the damage, the causal relationship and the criteria for attributing non-contractual civil liability. This study has a significant impact at the socio-legal and institutional level. Regarding the first, the relationship between the legal field and the social implications in the context of extra-contractual civil liability of the Panamanian State. The function of Chamber III of the CSJ in the treatment of cases involving public servants and government entities is addressed, and how these actions can affect the rights and assets of citizens. The investigation focuses on analyzing the attribution criteria used by Chamber III to determine the responsibility of the State in specific cases, seeking to reflect on problematic aspects and develop a theory of non-contractual civil responsibility on the part of the Panamanian State. Regarding the second, institutional impact, specifically, in the field of the Judiciary. The findings and analysis derived from this investigation provide a solid basis for understanding and evaluating the attribution criteria used by Chamber III of the CSJ in non-contractual civil liability cases of the State. These results may be of great relevance for the Panamanian justice system, because they contribute to improving consistency and clarity in judicial decision-making related to State responsibility. In addition, by identifying failures in the service and the objective responsibility of the State, this research offers a comprehensive perspective, which can help prevent similar situations in the future and promote transparency and accountability in public administration. Ultimately, the impact of this research extends beyond academia by providing valuable input to strengthen and improve the judicial system for the benefit of society at large. The conclusions drawn from this investigation reveal important findings in relation to the non-contractual civil liability of the State in the context of the jurisprudence of Chamber III of the CSJ during the period 2015-2020. It was identified that the attribution criteria used by the magistrates of Chamber III have demonstrated consistency in determining the responsibility of the State based on causation and the imputation criteria. Likewise, the presence of different failures in the service that have given rise to the objective responsibility of the State was observed. These findings underscore the importance of establishing clear and consistent criteria to evaluate cases of non-contractual civil liability of the State and guarantee the protection of citizens' rights. Regarding the socio-legal aspect, it considers the legal and social implications of judicial decisions in relation to the actions of the State and its officials, and how these decisions can influence the protection of citizens' rights and government accountability. regarding the actions of its agents. In addition, the institutional and social impact of the investigation is highlighted, since it seeks to improve consistency and clarity in judicial decisions, prevent similar situations in the future, and strengthen the judicial system for the benefit of society in general. Regarding the implications for future research, it is suggested to deepen the analysis of specific cases that address particular thematic areas within the scope of the civil responsibility of the State. In addition, it is advisable to explore the perspective of other actors involved, such as the plaintiffs and legal representatives, in order to obtain a more complete and enriching vision of the subject. These additional lines of research will contribute to the advancement of knowledge in this field and to the strengthening of the legal foundations that support the responsibility of the State.