The Special Harm: A Jurisprudential Construction

Abstract

The role of judges in modern society has been of high im­portance for the defense of fundamental and social rights of people, creating effective mechanisms that guarantees the existing constitutional dispositions. One on theses instruments is the Special Harm, title of responsibility, that emerges from the legitimate act of the State, which affects subjective interests that deserves its restoration, compensation, that way it enters the discussion if judges are the creators of ordering trough jurisprudence, stripped of that natural faculty that parliament institution apparently unable to produce the laws governing the actions in a society