Reparaciones pecuniarias en sentencias de protección: a propósito de la jurisprudencia sobre desvinculaciones de funcionarios públicos

Abstract

In recent years, several sentences handed down on protection actions have formed a large jurisprudence on the decoupling of public officials. Such judgments, after considering the administrative acts challenged as illegal or arbitrary, have ordered to pay the remuneration that had accrued in favour of the officials if they had not been separated from their positions. This contradicts what is traditionally defined by the courts and by the doctrine as a possible claim of a protection actor. The text will investigate whether this jurisprudential innovation is compatible with a summary procedure such as protection action or if, by the contrary, we must criticize the latest jurisprudence for exceeding the limits of what can be resolved through this remedy.