Abstract

MOSRI GUTIERREZ, Magda Zulema. Analysis of federal liability of the state and general the victims laws: challenges and opportunities of a system in construction. Cuest. Const. [online]. 2015, n.33, pp.133-155. ISSN 1405-9193.

Nowadays, the democratic state is assuming a new scope of responsibilities. Some International treaties in forced the Member States to adopt internal mechanisms to repair damages caused to the property and rights of individuals. Since 2002, Mexico incorporated to its legal system the "objective and direct" responsibility as a mechanism to indemnify individuals for damages caused by irregular administrative activities of the government and the State. However, this scheme arising from the second paragraph of Article 113 of the Constitution and their regulatory law, maintains some restrictions on its implementation with the adoption of the new paradigm in the field of human rights by the Mexican State through constitutional reform of 2011, make it necessary to revise its implementation, especially since the publication of the General Victims Act in 2013. This law provides additional repair specific measures for cases that have suffered damage or danger to their properties or rights as a result of crime or violations of their human rights.

Keywords : State liability; irregular administrative activity; objective and direct responsibility; indemnification; damage; integral reparation; human rights.

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