El principio de la confianza legítima como modo de prevenir el impacto del cambio en la posición de las autoridades

Abstract

Introduction: Individuals may trust that their current favorable legal situation will be preserved in the face of unexpected legal, administrative or jurisprudential changes that compromise their legitimate expectations to the point of causing them some minor or major legal damage. Objective: The purpose of this study is to present the principle of legitimate expectations in the context of Colombian law, which has been transforming from a purely legalistic system (civil law) to a system with a strong inclination to adopt the mechanics of precedent (common law) without being able to say that the latter system is fully assumed, either for legal reasons or for social reasons of legal culture that condition the mentality of jurists in general and of legal operators in particular. Conclusions: Can individuals be protected in any way against such unforeseen changes when a legal damage is caused to them? Eventually yes, if the legal system in question has a structure of principles, such as ours, where such principles inspire the justice that has been consolidating around the jurisprudence that has developed Article 83 of the Political Constitution which deals with the presumption of good faith and how it extends in terms of legal security to the confidence of individuals that they will not be surprised with unexpected changes forcing the State in specific cases to recognize transition periods in terms of the adaptation of citizens to the new legal regime (legal, administrative or jurisprudential).