Official Newspaper Not. 43.357, of 6 of August of 1998

LAW 472 OF 1998 (August 5) Official newspaper Not. 43.357, of 6 of August of 1998 By which develops the article 88 Of the Political Constitution of Colombia in relation to the exercise of the popular actions and of group and other dispositions are dictated. You NOTE OF FORCE:

2. By means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez the Constitutional Cut himself declarò INHIBITED to fail as for the insconstitucionalidad of this norm.

1. By means of Sentence C-036-98 of 19 of February of 1998, Judge Speaker Dr. Eduardo Cifuentes Muñoz, the Constitutional Cut revised the exequibilidad of the government Bill 10/96 Senate and 05/95, 024/95, 084/95 Chamber accumulated, in accordance with the arranged thing in the article 167 Of the Political Constitution.

THE CONGRESS OF COLOMBIA It DECREES: REGULAR I. OBJECT, DEFINITIONS, GENERAL PRINCIPLES AND PURPOSES I SURRENDER I. OBJECT I ARTICULATE 1o. OBJECT OF THE LAW. The present law considers regular object the popular actions and the actions of group that treats the article 88 Of the Political Constitution of Colombia. These actions are oriented to guarantee the defense and protection of the rights and collective interests, as well as those of group or of a plural number of personnel. I SURRENDER II. DEFINITIONS I ARTICULATE 2o. POPULAR ACTIONS. They are the media you process them for the protection of the rights and collective interests. The popular actions exercise to avoid the contingent damage, to cause to cease the danger, the threat, the violation or wrong on the rights and collective interests, or to return the things to their previous state when fuere possible. I ARTICULATE 3o. ACTIONS OF GROUP. They are those actions interposed by a plural number or an assembly of persons that gather uniform conditions regarding a same cause that originated individual damages for said persons. The uniform conditions should have also place regarding all the elements that configure the responsibility.

Constitutional cut

- Aside tachado declared INEXEQUIBLE and aside underlined declared EXEQUIBLE by the Constitutional Cut by means of Process D-4939 according to press Release of the Full Room of 8 of June of 2004, Judge Speaker Dr. Rodrigo Uprimny Yepes. In the same sentence the Cut was declared INHIBITED to fail on the remainder of the article by absence of charges. The action of group will exercise exclusively to obtain the recognition and payment of compensation of the damages.

I ARTICULATE 4o. RIGHT AND COLLECTIVE INTERESTS. Are straight and collective interests, among others, them related to: a) The enjoyment of a healthy environment, according to it established in the Constitution, the law and the regulation dispositions; b) The administrative morality; C) The existence of the ecological equilibrium and the management and aprovechamiento rational of the natural resources to guarantee its sustainable development, its conservation, restoration or replacement. The conservation of the vegetable and animal species, the protection of areas of special ecological importance, of the ecosystems situated in the frontier zones, as well as the other interests of the community related to the preservation and restoration of the environment; d) The enjoyment of the public space and the utilization and defense of the goods of public use; and) The defense of the public patrimony; f) The defense of the cultural patrimony of the Nation; g) The security and salubridad public; h) The access to an infrastructure of services that guarantee the salubridad public; i) The free economic competence; j) The access to the public utilities and to that its installment be efficient and opportune; k) The prohibition of the production, importing, possession, use of nuclear, biological, and chemical weapons, as well as the introduction al national territory of nuclear or toxic residues; l) The right to the security and prevention of foreseeable disasters technically; m) The execution of the constructions, buildings and urban developments respecting the legal dispositions, of way ordered, and giving prevalence al benefit of the quality of life of the inhabitants; N) The rights of the consumers and users. Likewise they are straight and collective interests them you defined as such in the Constitution, the ordinary laws and the to tried straight International celebrated by Colombia. PARAGRAFO. The rights and interests statements in the present article will be you defined and regular by the norms at present in force or the ones that be sent off later to the force of the present law. I SURRENDER III. PRINCIPLES I ARTICULATE 5o. DEAL WITH. The procedure of the regular actions in this law will develop with base in the constitutional principles and especially in those of prevalence of the substantial right, publicity, economy, speed and efficacy. They will apply also the general principles of the Code of Civil Procedure, when these themselves be not contrasted to the nature of said actions. The Judge will watch for the respect al owed process, the guarantees you process them and the equilibrium among the parts. It promoted the action, is obligation of the judge prompting it unofficially and to produce decision of merit I am grief of incurring in disciplinary lack, sancionable with dismissal. For this end the official of knowledge should adopt the conducive measures to adapt the petition to the action that correspond. I ARTICULATE 6o. DEAL WITH PREFERENTIAL. The preventive popular actions will be dealt with with preference to the others that know the competent judge, except the resource of Habeas Corpus, the Action of Protects and the Action of fulfillment. I ARTICULATE 7o. INTERPRETACION OF THE RIGHTS PROTECTED. The rights and interests protected by the Popular Actions and of Group, according to the article 4O. of the present law they will be observed and they will apply according to as are you defined and regular in the Constitution, the laws and the international treaties that link to Colombia. I ARTICULATE 8o. STATES OF EXCEPCION. The popular actions will be able incoarse and to be dealt with in every time. REGULAR II. OF THE POPULAR ACTIONS I SURRENDER I. ORIGIN AND EXPIRATION I ARTICULATE 9o. ORIGIN OF THE POPULAR ACTIONS. The popular actions proceed against every action or omission of the public authorities or of the individuals, that they have violated or they threaten to violate the rights and collective interests. I ARTICULATE 10. OPTIONAL EXHAUSTION OF THE VIA GOVERNMENTAL. When the right or collective interest be seen threatened or wounded by the activity of the administration, will not be necessary to interpose previously the administrative as requisite resources to try the popular action. I ARTICULATE 11. EXPIRATION. The Popular Action will be able to be promoted during the time that subsist the threat or danger al right and collective interest. When said action be directed to return the things to its previous state, the term interposing it will be of five (5) years, cash from the action or omission that produced the alteration.

Constitutional cut

- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez, save the aside tachado declared INEXEQUIBLE. I SURRENDER II. LEGITIMACION I ARTICULATE 12. HOLDERS OF THE ACTIONS. They will be able to exercise the popular actions: 1. Natural or legal every person. 2. The not Governmental organizations, the Civic, Popular Organizations or of similar kind. 3. The public companies that comply functions of control, intervention or caution, provided that the threat or violation to the rights and collective interests itself have not originated in its action or omission. 4. The General Proxy of the Nation, the Defender of the Town and the municipal and Local Spokespersons, in it related to its competence.

Constitutional cut

- Numeral 4o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez.

5. The mayors and other public servants that by reason of their functions should they promote the protection and defense of these rights and interests.

Constitutional cut

- Numeral 5o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez. I ARTICULATE 13. EXERCISE OF THE ACCION POPULAR. Them they legitimized to exercise popular actions can do it for itself same or by whom acting in its name. When a popular action without the mediation of a judicial attorney be interposed, the Defensoría of the Town will be able to intervene, for which, the judge should notify him the car admisorio of the demand.

Constitutional cut - Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez. I ARTICULATE 14. PERSONS AGAINST WHO is DIRECTED THE ACCION. The Popular Action will be directed against the individual, natural or legal person, or the public authority whose action or omission be considered that it threatens, it violates or it has violated the right or collective interest. In case to exist the violation or threatens and the heads they know not itself, will correspond al judge to determine them. I SURRENDER III. OF THE JURISDICCION AND COMPETENCE I ARTICULATE 15. JURISDICCION. The jurisdiction of Administrative the Quarrelsome thing will know of the processes that stir up themselves with occasion of the exercise of the Popular Actions originated in acts, actions or omissions of the public companies and of the private persons that perform administrative functions, according to the arranged thing in the dispositions in force on the matter. In the other cases, will know the civil ordinary jurisdiction. I ARTICULATE 16. COMPETENCE. Of the Popular Actions will know in the first instance the administrative judges and the civil judges of circuit. In second instance the competence will correspond to the first section of the Administrative Quarrelsome Court or to the Civil Room of the Court of Judicial District al that the Judge of first instance belong. It will be competent the judge of the place of occurrence of the facts or that of the residence of the demanded to election of the popular actor. When by the facts be various the competent judges, will know to prevention the judge before which there be himself presented the demand. PARAGRAFO. To so much they enter operation, the administrative courts, of the popular actions interposed before the Administrative Quarrelsome Jurisdiction will know in the first instance the Quarrelsome-Administrative Courts and in second instance the Counsel of State. I SURRENDER IV. PRESENTACION OF THE DEMAND OR PETICION I ARTICULATE 17. FACILITIES TO PROMOTE THE POPULAR ACTIONS. The it interested will be able to respond before the Local Spokesperson or Municipial, or to the Defensoría of the Town so that it be collaborated in the elaboration of its demand or petition, as well as in the events of urgency or when the solicitante know not to write. Where not judge of the circuit exist or of Administrative the Quarrelsome thing, he will be able to be presented the demand before any Civil Municipal or Promiscuous judge, who inside the two (2) following days should remit it al competent official. In the serious event to be compromised and permanently one or several of the rights protected in the present law, the civil Municipal or Promiscuous Judge should remit immediately and by the most efficient middle the diligence al competent judge. In development of the principle of the prevalence of the substantial right on the procesal, the competent judge that receive the popular action will have the faculty to take the necessary preventive measures to impede hopeless and irreparable damages or to suspend the generating facts of the threat to the rights and collective interests. I ARTICULATE 18. REQUIREMENTS OF THE DEMAND OR PETICION. To promote a popular action will be presented a demand or petition with the following requirements: a) The indication of the right or collective interest threatened or wounded; b) The indication of the facts, acts, actions or omissions that motivate its petition; c) The enunciation of the pretensions; d) The indication of the natural or legal persons, or the presumedly responsible public authority for the threat or of the wrong, if fuere possible; and) The tests that intend to cause to be worth; f) The directions for notifications; G) Name and identification of whom exercises the action. The demand will be directed against the presumed responsible one for the fact or omission that motivates it, if fuere known. Nevertheless, when in the course of the process be established that other possible heads exist, the judge of first instance of position will order their citation in the terms in which here is prescribed for the demanded. I ARTICULATE 19. PROTECTION OF POVERTY. The judge will be able to grant the protection of poverty when fuere pertinent, according to it established in the Code of Civil Procedure, or when the Defender of the Town or its delegates request it explicitly. PARAGRAFO. The cost of the peritazgos, in the poverty protection cases, will be the duty of the Fund for the Defense of the Rights and Collective Interests, from its creation. These costs will be refunded al Fund by the demanded, at the moment to satisfy the liquidation of coasts, whenever fuere condemned. I SURRENDER V. ADMISION, NOTIFICACION AND TRANSFER I ARTICULATE 20. ADMISION OF THE DEMAND. Inside the three (3) following work days to the presentation of the demand or initial petition, the competent judge will be pronounced on its admission. Inadmitirá the demand that do not comply with the requirements indicated in this law, needing the defects that suffers so that the plaintiff rectify him in the term of three (3) days. If this him not hiciere, the judge will reject it. I ARTICULATE 21. NOTIFICACION OF THE CAR ADMISORIO OF THE DEMAND. In the car that admit the demand the judge will order its personal notification al demanded. To the members of the community will be able them to inform bias of a massive middle of communication or of any efficient mechanism, had counts of the eventual beneficiaries. For this effect, the judge will be able to utilize simultaneously diverse media of communication. When be a matter of public companies , The car admisorio of the demand should be notified personally its legal representative or to whom this have delegated the faculty to receive notifications, all according to him arranged by the Administrative Quarrelsome Code. When the it demanded he be an individual, the personal notification of the car admisorio will be practiced according to the arranged thing in the Code of civil Procedure. In every case, if the person to whom should be done the notification, or his delegate, himself I was not found or not pudiere; by any motive, to receive the notification, this he will be practiced by means of delivers that the notificador do al employed that there he be found of authentic copy of the demand and of the car admisorio and of the notice that will send, by the same conduit, al notified. If the demand there be not been promoted by the Public Department will communicate to this the car admisorio of the demand, in order to that intervene as splits public in defense of the rights and collective interests, in those processes that consider it convenient. Besides, it will communicate to the administrative company responsible for protecting the right or the collective interest affected. I ARTICULATE 22. TRANSFER AND CONTESTACION OF THE DEMAND. In the car admisorio of the demand the judge will order its transfer al demanded by the term of ten (10) days answering it. Also it will arrange to report him that the decision will be proferida inside the thirty (30) following days al expiration of the term of transfer and that has the right to request the practice of tests with the answer of the demand. If there it be various demanded, they will be able to appoint a common representative. I ARTICULATE 23. EXCEPTIONS. In the answer of the demand only will be able to be proposed the exceptions of merit and the prior of lack of jurisdiction and judged thing, which will be resolved by the judge in the sentence. Consequently, the pertinent tests will be practiced in the same time limit indicated for the tests requested in the demand and in the answer of the same one. I SURRENDER I SAW. COADYUVANCIA AND PREVENTIVE MEASURES I ARTICULATE 24. COADYUVANCIA. Natural or legal every person will be able coadyuvar these actions, before himself profiera failure of first instance. The coadyuvancia will operate toward the future action. They will be able coadyuvar likewise these actions the similar, civic, and popular organizations, as well as the Defender of the Town or their delegates, the Local or Municipal Spokespersons and other authorities that by reason of their functions should they protect or to defend the rights and collective interests. I ARTICULATE 25. PREVENTIVE MEASURES. Before being notified the demand and in any state of the process will be able the judge, of position or at the request of part, to decree, properly motivated, the prior measures that reckon pertinent to prevent an imminent damage or to cause to cease the one that there be himself caused. Particularly, it will be able to decree the following: a) to Order the immediate cessation of the activities that can originate the damage, that they have it caused or they continue it causing; b) to Order that the necessary acts be executed, when the potentially damaging or harmful conduct be consequence of the omission of the demanded; c) to Oblige al demanded to lend precaution to guarantee the fulfillment of any of the previous prior measures; D) to Order with charge al Fund for the Defense of the Rights and Collective Interests the necessary studies to establish the nature of the damage and the urgent averages to take to mitigate it. PARAGRAFO 1o. The decree and practice of the prior measures will not suspend the course of the process. PARAGRAFO 2o. When it be a matter of a threat by reason of an omission attributed to an authority or private person, the judge should order the immediate fulfillment of the action that fuere necessary, for which will offer a peremptory term. If the danger is imminent will be able to order that the act, the work or the action execute it the actor or the community threatened, at the cost of the demanded. I ARTICULATE 26. OPOSICION TO THE PREVENTIVE MEASURES. The car that decree the prior measures will be notified al demanded simultaneously with the admission of the demand and will be able to be object of the resources of reinstatement and of appeal; the resources will be granted in the effect devolutivo and they should be resolved in the term of five days. The opposition to the prior measures only will be able to be supported in the following cases: a) to Avoid greater damages al right or collective interest that intends to protect; b) to Avoid certain and imminent damages al public interest; C) to Avoid al demanded damages whose gravity be such that do it practically impossible to comply an eventual unfavorable failure. It corresponds to whom allege these you cause them to show them. I SURRENDER VII. PACT OF FULFILLMENT I ARTICULATE 27. PACT OF FULFILLMENT. The judge, inside the three (3) following days al expiration of the term of transfer of the demand, will cite to the parts and al Public Department to a special audience in which the judge will listen the diverse positions on the action established, being able to intervene also the natural or legal persons that have registered comments writings on the project. The intervention of the Public Department and of the responsible for watching company for the right or collective interest will be obligatory. The inasistencia to this audience on the part of the competent officials, will do that they incur in causal of bad conduct, sancionable with dismissal of the charge. If before the hour indicated for the audience, some of the parts presents test even summary of a joust cause to appear not, the judge will indicate new date for the audience, not before the fifth following day neither after the tenth day, by car that will not have resources, without there can be another postponement. In said audience will be able to be established a pact of fulfillment on the initiative of the judge in which the form of protection of the rights be determined and collective interests and the re-establishment of the things to its previous state, to be possible. The pact of fulfillment thus celebrated will be revised by the judge in a time limit of five (5) days, cash from its celebration. If I observed vices of illegality in some of the contents of the project of pact, these will be corrected by the judge with the consent of the parts interested. The audience will be considered failed in the following events: a) When not compareciere the totality of the parts interested; b) When himself not fulfillment pact project be formulated; C) When the parts consent not in the corrections that the judge propose al fulfillment pact project. In these events the judge will order the practice of tests, without damage of the actions that procedieren against the absent public officials in the event contemplated in the literal one to). The approval of the pact of fulfillment will be supplied by means of sentence, whose part resolutiva will be published in a newspaper of extensive national circulation at the cost of the parts involved. The judge will conserve the competence for his execution and will be able to appoint a natural or legal person as auditor that watch and assure the fulfillment of the formula of solution of the conflict. Constitutional cut

- Article declared CONDITIONALLY EXEQUIBLE by the Constitutional Cut by means of Sentence C- 215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez. "In the it understood that the sentence that approves the pact of fulfillment does traffic to judged thing, unless new facts are felt and different causes to them alleged in the respective process, as well as informations of technical character that were not appreciated by the judge and you split them al moment to be celebrated said pact, event in which the sentence does traffic to relative judged thing.

Thus same, that statement is understood in the sense that the expressions "you split involved", You contained in the penultimate clause of the article 27 of the Law 472 of 1998, refer only al offender demanded by the violation of rights and collective interests".

I SURRENDER VIII. PERIOD PROBATORIO I ARTICULATE 28. You TEST. It carried out the citation to establish the fulfillment pact project, without achieving agreement, or cited this and done not perform by absence of the parts, the judge will decree, subject to analysis of conducencia, relevance and efficacy, the tests requested and the ones that of position reckon pertinent, indicating day and hour for its practice, inside the term of twenty (20) days prorrogables for twenty (20) days more if the complexity of theIt requires it. The judge will be able to order or to practice any conducive test, included the presentation of statistics originating from sources that offer credibility. Also it will be able the judge to order to the public companies and to its employees to yield concepts to way of experts, or to contribute documents or other reports that can have value probatorio. Thus same, it will be able to require of the private certifications, informations, exams or concepts. In one or another case the orders should be complied in the strict term defined by the judge. The judge will practice personally the tests; but if it fuere impossible, he will be able to commission for the sake of the economy procesal. In the processes to that refers this law, the judge will be able to order the practice of tests inside or out of the national territory. I ARTICULATE 29. CLASSES AND MEDIA OF TEST. For these actions are coming the media of test established in the Code of Civil Procedure, without damage of what regarding them be arranged in the present law. I ARTICULATE 30. It CHARGES OF THE TEST. The load of the test will correspond al plaintiff. Nevertheless, if by economic or technical reasons of order, if said charges not pudiere to be polite, the judge will give the necessary orders to supply the deficiency and to obtain the elements probatorios indispensable for proferir a failure of merit, requesting you said experticios probatorios to the public company whose object be referred al fear matter of debate and with charge to her. In the event of exist not the possibility of gathered the respective test, by virtue of it established in the previous clause, the judge will be able to order its practice with charge al Fund for the Defense of the Rights and Collective Interests.

Constitutional cut

- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez. I ARTICULATE 31. You TEST ANTICIPATED. According to the legal dispositions they will be able to be requested and to be practiced before the process the necessary tests with the purpose to impede that they be devaluated or they be lost, or that their practice be done impossible and to conserve the things and the circumstances in fact that subsequently should be tested in the process. PARAGRAFO. The judges of the republic will give preferential procedure to the requests and practices of tests anticipated bound for the processes in which advance popular actions. I ARTICULATE 32. It TESTS EXPERT. In the car in which be decreed the peritazgo the date of delivery of the report will be set al judged and from this date will be available to the parts during five (5) work days. The report of the expert should be yielded in original and three copies. The technical reports will value as a group with the heritage probatorio existing, according to the rules of the healthy criticism and they will be able to be had as sufficient to verify the facts to which refer. The second opinion is inobjetable and the judge will be able to receive it in its sentence. PARAGRAFO 1o. The impediments should be declared in the three (3) following days al knowledge of the appointment. The omission in this matter, will cause will incur al expert in the sanctions that determines this law. PARAGRAFO 2o. The judge will be able to impose al expert, when these dispositions be violated, the following sanctions: - To Order their retreat of the public registration of experts for popular actions and of group. - To Decree its inhabilidad to hire with the State during five (5) years. - To Order the investigation disciplinary and/or penal corresponding. I SURRENDER IX. SENTENCE I ARTICULATE 33. SUMMING-UPS. It conquered the term to practice tests, the judge will give transfer to the parts to allege for the common term of five (5) days. It conquered the term of the transfer to allege, the secretary immediately will pass the expedient al office so that be dictated sentence, without they can be proposed incidents, save that of challenge, neither to be supplied different subsequent actions to that of expedition of copies, itemize or certificates, which will not interrupt the term for proferirlas, neither the shift that correspond it al process. The secretary will abstain to pass al office the writings that contravene this disposition.

Constitutional cut

- By means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez, the Constitutional Cut himself declarò INHIBITED to fail on the constitutionality of the article. I ARTICULATE 34. SENTENCE. It conquered the term to allege, the judge will arrange of twenty (20) days for proferir sentence. The sentence that receive the pretensions of the plaintiff of a popular action will be able to contain an order to do or of do not, to condemn al payment of damages when have caused damage to a right or collective interest in favor of the not guilty public company that have them to its charge , and to require the execution of necessary conducts to return the things al state previous to the violationOr of the collective interest, when fuere physically possible. The order to do or of cause not will define in a precise way the conduct to comply with the end to protect the right or the collective interest threatened or wounded and to prevent that it return to incur in the actions or omissions that gave merit to agree to the pretensions of the plaintiff. Likewise it will set the total of the incentive for the popular actor.

Constitutional cut

- Aside the italics declared EXEQUIBLE by the Constitutional Cut, by means of Process D-4972 according to press Release of the Full Room of 25 of May of 2004, Judge Speaker Dr. Framework Gerardo Monroy Goat.

- Set apart underlined declared EXEQUIBLES by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez.

It condemns it al payment of the damages will be done "in generate" and will be liquidated in the incident predicted in the article 307 Of the C.P.C.; in the meantime, it will be given fulfillment to the orders and others you condemn. Al term of the incident will be added the sentence with the decision of the corresponding prison sentence being included that of the additional incentive in favor of the actor.

Constitutional cut - Clause declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez.

In case of damage to the natural resources the judge will try to assure the restoration of the area affected destining for it a part of the compensation. In the sentence the judge will indicate a time limit prudencial, according to the reach of its decisions, inside which should be initiated the fulfillment of the providence and subsequently to culminate its execution. In they said term the judge will conserve the competence to take the necessary measures for the execution of the sentence according to the contained norms in the Code of Civil Procedure and will be able to conform a committee for the verification of the fulfillment of the sentence in which they will participate besides the judge, the parts, the public company responsible for watching for the right or collective interest, the Public Department andNot governmental with activities in the object of the failure. Also it will communicate to the companies or administrative authorities so that, in which be of their competence, they collaborate in order to obtain the fulfillment of the failure. I ARTICULATE 35. EFFECTS OF THE SENTENCE. The sentence will have effects of judged thing regarding the parts and of the public in general. I SURRENDER X. RESOURCES AND COASTS I ARTICULATE 36. RESOURCE OF REPOSICION. Against the self-dictated during the procedure of the Popular Action the resource of reinstatement proceeds, which will be interposed in the terms of the Code of Civil Procedure.

Constitutional cut

- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-377-02 Of 14 of May of 2002, Judge Speaker Dra. Clearly Inés Vargas Hernández.

I ARTICULATE 37. RESOURCE OF APELACION. The resource of appeal will proceed against the sentence that be dictated in the first instance, in the form and opportunity indicated in the Code of Civil Procedure, and should be resolved inside the twenty (20 during the day following cash from the radicación of the expedient in the Office of the secretary of the competent Court. The practice of tests during the second instance will be held, also, to the predicted form in the Code of Civil Procedure; in the car that admits the resource will be set a time limit for the practice of the tests that, in no case, will exceed of ten (10) counted days from the notification of said car; the time limit to resolve the resource will be understood expanded in the term indicated for thePractice of tests. I ARTICULATE 38. COASTS. The judge will apply the norms of civil procedure relating to the coasts. Only it will be able to condemn al plaintiff to vote the fees, expenses and caused costs al demanded, when the action presented be reckless or of bad faith. In case of bad faith of any of the parts, the judge will be able to impose a fine even in twenty (20) monthly most minimum salaries, which will be destined al Fund for the Defense of the Rights and Collective Interests, without damage of the other actions to that there be place. I SURRENDER XI. INCENTIVES I ARTICULATE 39. INCENTIVES. The plaintiff in a popular action will have the right to receive an incentive that the judge will set among ten (10) and hundred fifty (150) monthly most minimum salaries. When the actor be a public company, the incentive will be destined al Collective Interests Defense Fund.

Constitutional cut - The Constitutional Cut declared to be been to the resolved thing in the Sentence C-459-04, by means of Process D-4972 according to press Release of the Full Room of 25 of May of 2004, Judge Speaker Dr. Framework Gerardo Monroy Goat.

- Article declared EXEQUIBLE by the Constitutional Cut by means of Process D-4910 according to press Release of the Full Room of 11 of May of 2004, Judge Speaker Dr. Jaime Araujo Rentería.

I ARTICULATE 40. I ENCOURAGE ECONOMICO IN POPULAR ACTIONS ON ADMINISTRATIVE MORALE. In the popular actions that they be generated in the violation of the collective right to the administrative morality, the plaintiff or plaintiffs will have the right to receive the fifteen percent (15%) of the value that recover the public company in reason to the popular action.

Constitutional cut

- The Constitutional Cut declared to be been to the resolved thing in the Sentence C-459-04, by means of Process D-4972 according to press Release of the Full Room of 25 of May of 2004, Judge Speaker Dr. Framework Gerardo Monroy Goat.

- Clause 1o. declared EXEQUIBLE by the Constitutional Cut by means of Process D-4910 according to press Release of the Full Room of 11 of May of 2004, Judge Speaker Dr. Jaime Araujo Rentería.

For the end of this article and when be a matter of sobrecostos or of other irregularities originating from the contracting, will respond hereditary the legal representative of the respective agency or company contratante and contractor, in supportive form with who they concur al done, to the total recovery of the full thing excessively.

Constitutional cut:

- Clause 2o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-088-00 Of 2 of February of 2000, Judge Speaker Dr. Fabio Morón Díaz.

The Cut arranged: "you be Declared EXEQUIBLE the second clause of the article 40 of the Law 472 of 1998, in the terms of this sentence".

In the part motivates of the Sentence the Cut exposed: "L...L

In the opinion of the Corporation, the demand of hereditary responsibility in the hypothesis predicted in the segment questioned, is the result nó of the ignorance of the presumption in good faith, but of the circumstance of this to have devaluated, with the full observance of the guarantees that report the duty process.

"Thus the things, interpreted the consecrated precept in harmony with the dispositions that in precedencia were cited, should be understood that if the legal representative of the state company contratante, in use of this faculty, delegated in an executive the competence to celebrate contracts, will be this last one, as soon as delegatario, the supportive head with the contractor and the remaining subjects that have intervened in the contractual action of the one that is derivedHereditary detriment for the Company, and wound to the public morality and al collective interest.

"It concludes the Cut, as soon as al accused segment, that treats in reality to establish a legal solidarity, of substantial character, among the legal representative of the respective agency or company contratante and the contractor with who they concur al done that breaks the administrative morality and generates damages al public patrimony by the execution of irregularities or greater costs, unwarranted and illegal, solidarity that can establish the legislator, to do cashin agreement, hereditary responsibility al article 150 Of the C.P.

"With all, to deduce that hereditary responsibility of the legal representative of the respective agency or company contratante and the contractor with who they concur al done, be called administrators, advisors, consultants or executors of the contract, etc., they should be observed the rules of the duty process, included naturally, the citation to all they and the guarantee of the right of defense.

"Themselves does not it treat, therefore, that through the popular actions, they debate and they decide controversies of contractual type, that have well you defined the rules that correspond them and that are competence of the jurisdiction of in agreement, administrative the quarrelsome thing al contractual statute of the administration and al respective code.

"L...L

To do viable this action, in matter probatoria the citizens will have the right to request and to obtain be sent off copies authentic of the documents referred to the contracting, in any moment. There will not be reserve on such documents. I SURRENDER XII. MEASURES COERCITIVAS AND OTHER DISPOSITIONS I ARTICULATE 41. DESACATO. The person that incumpliere a judicial order proferida by the competent authority in the processes that advance for popular actions, will incur in fine even in fifty (50) monthly most minimum salaries with destiny al Fund for the Defense of the Rights and Collective Interests, conmutables in arrest even in six (6) months, without damage of the penal sanctions to that place there be. The sanction will be imposed by the same authority that profirió the judicial order, by means of procedure incidental and will be consulted al upper hierarchical, who will decide in the term of three (3) days if should be revoked or not the sanction. The consultation will be done in effect devolutivo. I ARTICULATE 42. GARANTIA. The part conquered in the judgment should offer a banking guarantee or policy of insurances, by the total that the judge determine, the one that cash in case of breach to it will be done arranged by the sentence. If the it demanded lends the guarantee to satisfaction, there will not be place al embargo, or the one will raise himself that had been proferido. I ARTICULATE 43. ADMINISTRATIVE MORALE. In the popular actions that versen on the administrative morale and looking to avoiding the duplicity of functions for the effects of the articles 277 and 278 Of the Political Constitution, the judge that know of these actions will decree the prior or preventive measures that reckon coming and he will communicate the demand to the Attorney’s office so that the same one be done part if considers it convenient. If of the facts is removed that it has been incurred in a situation of disciplinary order, the popular action it will advance without damage of the competence that correspond to the Attorney’s office in disciplinary matter. The popular action cannot interfere the disciplinary or penal actions that for the case they proceed. I ARTICULATE 44. NOT REGULAR ASPECTS. In the processes by popular actions they will apply the dispositions of the Code of Civil Procedure and of the Administrative Quarrelsome Code depending on the jurisdiction that correspond, in the not regular aspects in the present law, while themselves they be not opposed to the nature and the purpose of such actions. I ARTICULATE 45. APLICACION. They will continue in force the consecrated popular actions in the national legislation, but its procedure and procedure will be held to the present law.

Constitutional cut

- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez. REGULAR III. OF THE PROCESS IN THE ACTIONS OF GROUP I SURRENDER I. ORIGIN I ARTICULATE 46. ORIGIN OF THE ACTIONS OF GROUP. The actions of group are those actions interposed by a plural number or an assembly of persons that gather uniform conditions regarding a same cause that originated individual damages for said persons. The uniform conditions should have also place regarding the elements that configure the responsibility.

Constitutional cut

- Aside tachado declared INEXEQUIBLE and aside underlined declared EXEQUIBLE by the Constitutional Cut by means of Process D-4939 according to press Release of the Full Room of 8 of June of 2004, Judge Speaker Dr. Rodrigo Uprimny Yepes. In the same sentence the Cut was declared INHIBITED to fail on the remainder of the article by absence of charges. The action of group will exercise exclusively to obtain the recognition and payment of the compensation of the damages. The group will be integrated al less for twenty (20) persons.

Constitutional cut

- The Constitutional Cut declared to be been to the resolved thing in the Sentence C-215-99, by means of Process D-4939 according to press Release of the Full Room of 8 of June of 2004, Judge Speaker Dr. Rodrigo Uprimny Yepes.

- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez.

I ARTICULATE 47. EXPIRATION. Without damage of the individual action that correspond for the compensation of damages, the action of group should be promoted inside the two (2) following years to the date in which the damage was caused or ceased the action vulnerante responsible of the same one.

Constitutional cut

I SURRENDER II. LEGITIMACION I ARTICULATE 48. HOLDERS OF THE ACTIONS. They will be able to present actions of group the natural or legal persons that hubieren suffered an individual damage comply establishes it the article 47. The Defender of the Town, the Local and Municipal Spokespersons will be able, without damage of the right that you grasped to them interested, to interpose actions of group in name of any person that it be requested or that be found in situation of desertion or defenselessness. In this case will be part in the together judicial process with them wronged.

Constitutional cut

- The Constitutional Cut declared to be been to the resolved thing in the Sentence C-215-99, by means of Process D-4939 according to press Release of the Full Room of 8 of June of 2004, Judge Speaker Dr. Rodrigo Uprimny Yepes.

- Clause 2o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez.

PARAGRAFO. In the action of group the actor or who act like plaintiff, represents the other persons that have been affected individually by the facts vulnerantes, without need that each one of them interested exercise for separated its own action, neither have offered to be able.

Constitutional cut

- The Constitutional Cut was declared INHIBITED to fail on this article by ineptitude of the demand, by means of Process D-4939 according to press Release of the Full Room of 8 of June of 2004, Judge Speaker Dr. Rodrigo Uprimny Yepes.

I ARTICULATE 49. EXERCISE OF THE ACCION. The actions of group should be exercised for conduit of lawyer. When the members of the group they offer to be able various lawyers, should be integrated a committee and the judge will recognize as coordinating and legal attorney of the group, to whom dams you the major number of victims, or in its defect al that name the committee. I SURRENDER III. OF THE JURISDICCION AND COMPETENCE I ARTICULATE 50. JURISDICCION. The jurisdiction of Administrative the Quarrelsome thing will know of the processes that stir up themselves with occasion of the exercise of the actions of group originated in the activity of the public companies and of the private persons that they perform administrative functions. The ordinary civil jurisdiction will know of the other processes that stir up himself with occasion of the exercise of the actions of group.

Constitutional cut

I ARTICULATE 51. COMPETENCE. Of the actions of group will know in the first instance the administrative judges and the civil judges of circuit. In second instance the competence will correspond to the first section of the Administrative Quarrelsome Court or to the Civil Room of the Court of the Judicial District al that the judge of first instance belong. It will be competent the judge of the place of occurrence of the facts or that of the residence of the demanded or plaintiff, to election of this. When by the facts be various the competent judges, will know to prevention the judge before which there be himself presented the demand. PARAGRAFO. To so much they enter operation, the Administrative Courts, of the actions of group interposed before the administrative quarrelsome jurisdiction will know in the first instance the Administrative Quarrelsome Courts and in second instance the Counsel of State. I SURRENDER IV. REQUISITE AND ADMISION OF THE DEMAND I ARTICULATE 52. REQUIREMENTS OF THE DEMAND. The demand by means of which exercise an action of group should meet the requirements established in the Code of Civil Procedure or in the Administrative Quarrelsome Code, according to the case, and besides to express in her: 1. The name of the attorney or authorized, enclosing the power legally conferred. 2. The identification of the poderdantes, identifying its names, documents of identity and residence. 3. The estimativo of the value of the damages that itself hubieren caused by the eventual violation. 4. If not fuere possible to provide the name of all the individuals of a same group, to express the criteria to identify them and to define the group. 5. The identification of the demanded. 6. The justification on the origin of the action of group in the terms of the articles 3o. and 49 Of the present law. 7. The facts of the demand and the tests that intend to cause to be worth inside the process. PARAGRAFO. The demand will be directed against the presumed responsible one for the fact or omission that motivates it, which should be determined. Nevertheless, when in the course of the process be established that other possible heads exist, the judge of first instance, of position will order their citation. I ARTICULATE 53. ADMISION, NOTIFICACION AND TRANSFER. Inside the ten (10) following work days to the presentation of the demand, the competent judge will be pronounced on its admission. In the car that admit the demand, besides arranging its transfer al demanded by the term of ten (10) days, the judge will order the personal notification to them demanded. To the members of the group bias of a massive middle of communication will inform them or of any efficient mechanism, had counts of the eventual beneficiaries. For this effect the judge will be able to utilize simultaneously diverse media of communication. If the demand there be not been promoted by the Defender of the Town, it will be notified personally the car admisorio of the demand in order to that intervene in those processes in which consider it convenient.

Constitutional cut

- Clause 2o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dr. Martha Victory Sáchica Méndez.

PARAGRAFO. The car admisorio should value the origin of the action of group in the terms of the articles 3o. and 47 Of the present law. I ARTICULATE 54. NOTIFICACION OF THE CAR ADMISORIO OF THE DEMAND TO COMPANIES you PUBLISH AND COMPANIES. When it be a matter of public companies, the car admisorio of the demand should be notified personally its legal representative or to whom this have delegated the faculty to receive notifications. Nevertheless, if the person to whom should be done the notification, or his delegate, himself I was not found or not pudiere, by any motive, to receive the notification, this he will be practiced by means of delivers that the notificador do al employed that he receive him of authentic copy of the demand and of the car admisorio al notified. When he be a matter of companies, the car admisorio of the demand should be notified personally his legal representative, in the direction that indicate the plaintiff. Of not knowing it he should do happiness affirmation under the gravity of oath, case in which he will be notified in the direction that appear registered in the Chamber of respective Commerce. Nevertheless, if the person to whom should be done the notification, herself I was not found or not pudiere, by any motive, to receive the notification this will be practiced by means of delivers that the notificador do al employed that receive it of authentic copy of the demand and of the car admisorio al notified. I ARTICULATE 55. INTEGRACION AL GROUP. When the demand have originated in damages because of a plural number of persons by a same action or omission, or by several actions or omissions, derived from the violation of rights or collective interests, who hubieren suffered a damage they will be able to be done part inside the process, before the opening to tests, by means of the presentation of a writing in which its name be indicated, the damage suffered, theOrigin of the same one and the desire to be received al failure and to belong al joint of individuals that interposed the demand as a same group. Who it concur not al process, and whenever its action have not prescribed and/or expired according to the dispositions in force, will be able to be received subsequently, inside the twenty (20) following days to the publication of the sentence, supplying the previous information, but will not be able to invoke extraordinary or exceptional damages to obtain a greater compensation and will neither be benefited of the prison sentence in coasts.

Constitutional cut

- Aside it underlined declared CONDITIONALLY EXEQUIBLE by the Constitutional Cut by means of Sentence C-1062-00 of 16 of August of 2000, Judge Speaker Dr. Alvaro Tafur Galvis. "In the it understood that with its interpretation and application themselves they be not excluded the others right subjective of constitutional or legal origin, any that be its nature, as right likewise amparables by the actions of class or of group".

The integration of new members al group, later to the sentence, will not increase the total of the contained compensation in her. The individual actions relating to the same facts will be able to be accumulated to the action of group, to request the interested. In this event, the interested will enter al group, will finish the processing of the individual action and will be received to the results of the action of group.

Constitutional cut

- Article declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dra. Martha Victory Sáchica Méndez.

With respect to this failure the Cut in Sentence 1062 of 2000, establishes:

"The article 55 of the Law 472 of 1998 was constitutionality pronouncement object, on the part of this Corporation that declared it exequible, in the sentence C-215-99 of 1999. Of this would be able to be concluded that on the same one has operated the effect of the constitutional judged thing; nevertheless, as was notified in the providence that decided on the admission of the present demands, said phenomenon is not predicable in the present case in absolute form, every time that the charges formulated and studied in that opportunity differ of the at present presented. It is more, the above-mentioned failure does not specify the reach of the study performed in relation to the upper code, of which the existence of a relative judged thing can be deduced more well, what implies that the decision had like exclusive reach the charges presented in that moment by the plaintiff".

I ARTICULATE 56. EXCLUSION OF THE GROUP. Inside the five (5) following days al expiration of the term of transfer of the demand, any member of a same group will be able to declare its desire of to be excluded of the group and, consequently, not to be linked by the agreement of conciliation or the sentence. A member of the group will not remain linked to the effects of the sentence in two situations: a) When have himself requested in express form the exclusion of the group in the term predicted in the previous clause; B) When the person linked by a sentence but that did not participate in the process, show in the same term that its interests were not represented in form adapted by the representative of the group or that there were serious errors in the notification. It elapsed the term without the member thus express it, the results of the agreement or of the sentence will link it. If it decides to be excluded of the group, will be able to try individual action by compensation of damages. I ARTICULATE 57. CONTESTACION, PRIOR EXCEPTIONS. The part demanded will be able to interpose exceptions of merit with the answer of the demand, as well as the prior exceptions indicated in the Code of Civil Procedure. The exceptions according to their nature, they will be resolved according to the rules predicted in the Code of Civil Procedure. I SURRENDER V. OF THE PREVENTIVE MEASURES I ARTICULATE 58. CLASSES OF MEASURES. For the actions of group the preventive measures proceed predicted in the Code of Civil Procedure for the ordinary processes. The procedure for the interposición of said measures, al the same as the opposition to the same, will be done according to it established in the Code of Civil Procedure. I ARTICULATE 59. PETICION AND DECREE OF THESE MEASURES. Plaintiff splits it will request in the demand the respective measures and they will be decreed with the car admisorio. I ARTICULATE 60. FULFILLMENT OF THE MEASURES. The measures decreed will comply before the notification of the demand. I ARTICULATE 61. DILIGENCE OF CONCILIACION. Of position the judge, inside the five (5) following days al expiration of the term that have the members of the group plaintiff to request its exclusion of the same one, should call to a diligence of conciliation for the purpose of achieving an agreement among the parts, that will be evident in writing. The diligence should be celebrated inside the ten (10) following days to the date of assembly. Nevertheless, in any state of the process the parts will be able to request al judge the celebration of a new diligence with the object of reconciling its interests and to put an end al process. In the diligence will be able to participate the Defender of the Town or its delegate, to serve of mediator and to facilitate the agreement; if the Defender there be presented the demand, said function will correspond al General Proxy of the Nation or its delegate, who will do with full autonomy. In the audience also they will be able to intervene the attornies of the parts. The agreement among the parts will be assimilated to a sentence and will have the effects that for her are established in this law. The minutes of conciliation that contain the agreement does traffic to judged thing and lends executive merit. The judge will order the publication of the agreement of conciliation in a media of extensive national circulation.

- Article incorporated in the Decree 1818 of 1998, article 85, It published in the Official Newspaper Not. 43.380, of September 07, 1998, "through which the Statute of the alternative mechanisms of solution of conflicts is sent off".

I SURRENDER I SAW. PERIOD PROBATORIO I ARTICULATE 62. You TEST. It carried out the audience of conciliation, the Judge will decree the tests requested and the ones that of position reckon pertinent, and will indicate a term of twenty (20) days so that be practiced, inside which will set the dates of the necessary diligence. If the complexity of the process requires it, said term will be able to be deferred of position or to request of part, until another equal term. I SURRENDER VII. SUMMING-UPS, SENTENCE AND RESOURCES I ARTICULATE 63. SUMMING-UPS. It conquered the term to practice tests, the Judge will give transfer to the parts to allege of conclusion by the common term of five (5) days. I ARTICULATE 64. SENTENCE. It expired the term to allege of conclusion, the Secretary will pass immediately the expedient al office in order to that be dictated sentence in the peremptory one and improrrogable term of twenty (20) days. Once the expedient have passed al office for proferir sentence, will not be able to be supplied any action to so much herself there be not proferido this, exception fact of the declamatory one of impediment or challenge. I ARTICULATE 65. CONTENT OF THE SENTENCE. The sentence that put an end al process will be held to the general dispositions of the Code of Civil Procedure and besides, when receive the pretensions incoadas, will arrange: 1. The payment of a collective compensation, that contain the sum praised of the individual compensations. 2. The fixing of the requirements that should comply the beneficiaries that have been absent of the process in order to that they can demand the corresponding compensation, in the terms established in the article 61 Of the present law.

Constitutional cut

- Numeral 2o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-732-00 Of 21 of June of 2000, Judge Speaker Dr. Vladimiro Naranjo Table.

3. The total of said compensation will be delivered al Fund for the Defense of the Rights and Collective Interests, inside the ten (10) following days to the achievement, which will be administered by the Defender of the Town and in charge of which they will be paid: A) The individual compensations of who formed part of the process as members of the group, according to the porcentualización that there be themselves needed in the course of the process. The Judge will be able to divide the group in subgrupos, for effects to establish and to distribute the compensation, when consider it convenient by reasons of equity and according to the own circumstances of each case; B) The compensations pertaining to the requests that llegaren to present opportunely them interested that not hubieren intervened in the process and that they gather the requirements required by the Judge in the sentence. All the requests presented opportunely will be dealt with and they will decide jointly by means of Administrative Act in which the payment of the compensation will be recognized subject to verification of the requirements required in the sentence to show that forms part of the group in whose favor was decreed the prison sentence. When the estimativo of members of the group or the total of the compensations fuere lower to the requests presented, the Judge or the Judge will be able to revise, for a single time, the distribution of the total of the prison sentence, inside the twenty (20 during the day following cash from the fenecimiento of the consecrated term for the integration al group that treats the article 61 Of the present law. The remaining moneies after to have paid all the compensations will be returned al demanded.

Constitutional cut

- Numeral 3o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dra. Martha Victory Sáchica Méndez.

4. The publication, for a single time, of an extract of the sentence, in a newspaper of extensive national circulation, inside the following month to their achievement or to the notification of the car that there be ordered to obey it arranged by the superior, with the prevention to all them interested likewise injured by the same facts and that they did not concur al process, so that are felt al Judged, inside theFollowing days to the publication, to demand the compensation.

Constitutional cut - Numeral 4o. declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-732-00 Of 21 of June of 2000, Judge Speaker Dr. Vladimiro Naranjo Table. 5. The liquidation from the coasts in charge of the part conquered, keeping in mind the necessary expenses for the publication of the extract of the sentence. 6. The liquidation of the fees of the coordinating lawyer, that will correspond al ten percent (10%) of the compensation that obtain each one of the members of the group that have not been represented judicially. I ARTICULATE 66. EFFECTS OF THE SENTENCE. The sentence will have effects of judged thing in relation to who they were part of the process and of the persons that, belonging al group interested they did not declare opportune and explicitly its decision of being excluded of the group and of them you result of the process. I ARTICULATE 67. RESOURCES AGAINST THE SENTENCE. The sentence is apelable in the suspension effect. In this event the Judge will order be lent precaution to guarantee the preventive measures of embargo and abduction. The resource of appeal should be resolved for the competent judicial authority in a maximum term of twenty (20) days, cash from the date of radicación of the expedient in the General Office of the secretary; nevertheless, when be necessary to practice new tests, the term to decide the resource will be able to be expanded in ten (10) days. Against the sentences proferidas in the advanced processes in exercise of the Actions of Group proceed the resource of revision and that of casación, according to the case, according to the legal dispositions in force; but in no case the term to decide these resources will be able to exceed of ninety (90) counted days from the date in which the matter in the General Office of the secretary of the Corporation was situated. I SURRENDER VIII. COMPLEMENTARY DISPOSITIONS I ARTICULATE 68. NOT REGULAR ASPECTS. In which it contradict not the arranged thing in the norms of the present title, will apply to the Actions of Group the norms of the Code of Civil Procedure. I ARTICULATE 69. OTHER ACTIONS OF GROUP THAT were DEALT WITH FOR THE PRESENT LAW. The Actions of Group contemplated in the article 76 of the Law 45 of 1990, in the article 1.2.3.2. of the Decree 653 of 1993 (Organic Statute of the Public Market of Values) and in the Decree 3466 of 1982 articles 36 and 37, they will be dealt with according to the arranged thing in the present title. REGULAR IV. FUND FOR THE DEFENSE OF THE RIGHTS AND COLLECTIVE INTERESTS I SURRENDER I. I ARTICULATE 70. CREACION AND SOURCE OF RESOURCES. Créase the Fund for the Defense of the Rights and Collective Interests, which will count on the following resources: a) The corresponding appropriations of the National Budget; b) The private national or foreign donations of organizations that do not handle public resources; c) The total of the compensations of the Popular Actions and of Group to which there be renounced explicitly the beneficiary or when this not concurriere to demand it inside the time limit of a (1) counted year from the sentence;

Constitutional cut

- Literal c) declared EXEQUIBLE by the Constitutional Cut by means of Sentence C-215-99 Of 14 of April of 1999, Judge Speaker Dra. Martha Victory Sáchica Méndez, save the expressions tachadas that were declared INEXEQUIBLES. d) The ten percent (10%) of the total total of the compensations decreed in the processes that there be financed the Fund; and) The performance of its goods; f) The incentives in case of Popular Actions interposed by public companies; g) The ten percent (10%) of the reward in the Popular Actions in which the Judge offer protection of poverty and the expert test through the Fund be financed; h) The value of the fines that impose the Judge in the processes of Popular Actions and of Group I ARTICULATE 71. FUNCTIONS OF THE FUND. The Fund will have the following functions: a) to Promote the diffusion and knowledge of the rights and collective interests and its mechanisms of protection; b) to Evaluate the requests of financing that are presented and to choose those that in his judgment would be convenient to support economically, attending to criteria as the magnitude and the characteristics of the damage, the social interest, the importance of the quite legal one threatened or wounded and the economic situation of the members of the community or of the group; c) to Finance the presentation of the Popular Actions or of Group, the attainment of tests and the other expenses in which can be incurred al to advance the process; d) to Perform the corresponding payments according to the coasts judged against a plaintiff that have received financial aid of the Fund; and) to Administer and to pay the compensations that treats the article 68 Numeral 3 of the present law.

Constitutional cut

I ARTICULATE 72. MANAGEMENT OF THE FUND. The management of the Fund for the Defense of the Rights and Collective Interests, will be in charge of the Defensoría of the Town. I ARTICULATE 73. I MOUNT OF THE FINANCIACION. The total of the financing on the part of the Fund to the plaintiffs in Popular Actions or of Group will be determined by the Defensoría of the Town according to the private circumstances of each case, keeping in mind, among others criteria, the socioeconomic situation of the petitioners and the bases of the possible demand.

Constitutional cut

REGULAR V. I SURRENDER I. COMMON DISPOSITIONS TO POPULAR ACTIONS AND OF GROUP, IN MATTER PROBATORIA I ARTICULATE 74. REGISTRATION I PUBLISH OF EXPERTS FOR POPULAR ACTIONS AND OF GROUP. The Public Registration of Experts for Popular Actions and of Group will be organized based on the following criteria: 1. It will be obligatory the inscription in the registration, of the public authorities and of the individuals to who have them himself attributed or judged public function, that arrange of logistic, technical backup, investigativo, personal or of support that serve for the practice of tests in Popular Actions, of the companies that have the character of consultants of the Government and of the Public Universities. The public servants that fuesen named experts should be dedicated in a priority way to its function of contribution with the administration of justice. 2. The individuals, already be natural or legal persons, they will be able to be registered showing their suitability and experience in technical areas. 3. Once it registered as expert of popular actions, the charge will be of compulsory acceptance, unless impediment exist. 4. Any judge that know of a Popular Action or of Group, will be able to request the list of experts registered to carry out the election of you Help of the Justice in these processes. 5. The public registration of experts will be sistematizado and will include as a minimum the general data of the expert, its experience, profession, specializations, publications and the processes in which have intervened as expert. The public registration of experts will be organized by the Administrative Room of the Upper Counsel of the Judgeship, in a period of six (6) counted months from the force of this law. I ARTICULATE 75. COLABORACION IN IT PRACTICES OF TESTS. In the processes that treats this law, the parts by common consent are able, before sentence of first instance be dictated, to carry out the following acts probatorios: 1. Presenting scientific, technical or artistic reports, emitted by any natural or legal person, on the totality or splits of the expert opinion object points; in this case, the Judge will order to add it al expedient, and total will omit itself or partially of expert opinion in the form that request you split them al to present it. These reports will should they been gathered with notarial or judicial recognition or personal presentation. 2. If it is a matter of document that should to be recognized, can present authentic document originating from who owe to recognize it, in which its recognition in the terms of the article be evident 273 Of the Code of Civil Procedure. The statement will be understood close person low oath with the notarial or judicial recognition or personal presentation. This writing will supply the diligence of recognition. 3. Presenting the version that, in fact that they interest al process, have performed before them a witness. This document should be gathered low oath with the notarial or judicial recognition or personal presentation and will be incorporated al expedient and will supply the reception of said testimony. 4. Presenting document in which the points they be evident and facts object of a judicial inspection; in this case will be incorporated al expedient and will supply this test. The writing should be contributed with the notarial or judicial recognition or personal presentation. 5. Requesting, unless some of the parts be represented by curator ad litem, that the judicial inspection be practiced for the person that they they determine. 6. Presenting exhibition object documents. If it is a matter of documents that be in being able of a third or originating from this, these they will should they been gathered with the notarial or judicial recognition or personal presentation and accompanied by a writing, in which the acquiescence of the third for its contribution be evident explicitly. In these cases, the Judge will order to add the documents al expedient and the exhibition will be will dispense with, total or partially, in the form as the parts they request it. 7. Presenting the statement of part that before them have exposed the absolvente. This document should be signed for the attornies and the interrogated, will be incorporated al expedient and will supply the respective interrogation. The statement will be low oath that will be understood lent by the firm of the same one. The tests contributed in the form mentioned in this article, they will be appreciated by the Judge in the respective decision just as the article arranges it 174 of the Code of Civil Procedure and in every case the Judge will be able to give application al article 179 Of the same Code. I ARTICULATE 76. COLABORACION FOR THE EVALUACION OF THE TEST. For the practice of tests, besides the general dispositions contents in the Code of Civil Procedure, application to the following rules will be given: 1. Any of the parts, in the opportunities you process them to request tests, will be able to present experticios produced by institutions or professional specialized. To exist contradiction among various experticios, the Judge will proceed to decree the peritazgo corresponding. 2. The declarative documents emanated of third parties will be reckoned for the Judge without need to ratify its content, unless the part against which are put forward request its ratification in an express way. 3. The parts and the witnesses that yield statement they will be able to present documents related to the facts, which they will be added al expedient. 4. The natural or legal persons, submitted to state caution they will be able to present reports or certifications in the form established in the article 278 Of the Code of Civil Procedure. 5. The constancies properly authenticated, emanated of persons natural or legal different of them indicated in the numeral previous, and contributed to a process by means of judicial order proferida of position or at the request of part, they will have like summary test. This without damage of the arranged thing in relation to documents emanated of third parties. I ARTICULATE 77. REFERENCE TO A THIRD IN DECLARACION. Citation. When in interrogation of part the absolvente, or in statement of third the declarante, declare that the knowledge of the facts has it another person, should indicate the name of this and to explain the reason of its knowledge. In this case the Judge if considers her convenient, he will cite of position to that person still when have herself conquered the term probatorio. I ARTICULATE 78. COMPLEMENTARY ASPECTS OF THE TESTIMONY. The part or the witness, al to yield their statement, will be able to do drawings, graphic or representations in order to illustrating their testimony, these will be aggregates al expedient and they will be appreciated as splits member of the testimony and not as documents. Thus same, the witness will be able to recognize documents during the statement. I ARTICULATE 79. EFFICACY OF THE TEST. The Judge will appreciate the efficacy of the test when do its appraisal or appreciation, whether in the sentence or in the providence interlocutoria according to the case, and in any circumstance will do it at the moment to be pronounced on the admisibilidad of the test. REGULAR I SAW. I SURRENDER I. FINAL DISPOSITIONS I ARTICULATE 80. REGISTRATION I PUBLISH OF POPULAR ACTIONS AND OF GROUP. The Defensoría of the Town will organize a Public Registration centralizado of the Popular Actions and of the Actions of Group that be interposed in the country. Every Judge that know of these processes should send a copy of the demand of the car admisorio of the demand and of the final failure. The contained information in this registration will be of public character. I ARTICULATE 81. CREACION OF ORGANIZATIONS CIVICAS, POPULAR AND SIMILAR FOR THE DEFENSE OF THE RIGHTS AND COLLECTIVE INTERESTS. The authorities will be obliged to collaborate and to facilitate the creation and operation of the similar, popular, and civic organizations that be established for initiative of the community for the defense of the rights and collective interests. Of equal way will be collaborated with the other organizations that melt with the same purpose, by the citizens. I ARTICULATE 82. DEPARTMENT I PUBLISH. According to the present law, the actions that correspond al General Proxy of the Nation or the Defender of the Town, they will be able to be delegates in their representatives. I ARTICULATE 83. COLABORACION OF THE POLICIA. The authorities of police should lend all the contribution that the Judge or Judge request for the practice and continuance of the preventive and prior measures, I am grief to incur in causal of bad conduct sancionable even with the loss of the employment. I ARTICULATE 84. PEREMPTORY TIME LIMIT AND IMPRORROGABLES. The inobservancia of the terms you process them established in this law, will cause will incur al Judge in causal of bad conduct, sancionable with dismissal of the charge. I ARTICULATE 85. PEDAGOGIA. The National Government will carry out during the following year to the promulgation of this law, a program of teaching that include massive campaigns of education and disclosure on the collective rights and its procedure to do them troops. The campaign of education and disclosure will be coordinated by the Department of Education, the attorney general’s office of the Nation, and the Defensoría of the Town.

Constitutional cut

I ARTICULATE 86. FORCE. The present law governs a year after their promulgation and abrogates all the dispositions that opponents be it, and explicitly the procedures and existing procedures in other norms on the matter.

Constitutional cut

The President of the honorable Senate of the Republic, AMYLKAR GOES TO BED MEDINA The Secretary general of the honorable Senate of the Republic, PEDRO PUMAREJO FERTILE PLAIN The President of the honorable Chamber of Representatives, CARLOS ARDILA CROSSBOWMEN The Secretary general of the honorable Chamber of Representatives, DIEGO you LIVE TAFUR Republic of Colombia - National Government Publíquese and be executed. It given in Holy Faith of Bogota, D. C., to 5 of August of 1998. ERNESTO SAMPER PIZANO The Minister of the Interior, ALFONSO LOPEZ YOUNG MAN. The Minister of Justice and of the Right, ALMABEATRIZ RENGIFO LOPEZ.

Senate of the Republic of Colombia | legislative Information www.secretariasenado.gov.co

Dispositions analyzed by Legal Advance Marries Editorial Ltda.© ISSN 1657-6241, "Laws since 1992 - Express Force and Sentences of Constitutionality", 4 of June of 2004. It includes analysis of force express And they published constitutionality failures analysis until 4 of June of 2004. The contained information in this middle was worked on transcriptions carried out from the Official Newspaper; the failures of constitutionality were supplied by the Constitutional Cut. When it was possible the texts of the Official Newspaper were taken published by the National Press in Internet.