Sense and purview of the Colombian tax impact incident

Abstract

Due to the high number of convictions against public entities, the Congress of Colombia, through Legislative Act 03 of 2011, established that the effects of judicial decisions may be modulated, modified or deferred, as long as they affect the fiscal sustainability of the Condemned entity. In the following paper, the meaning and scope of the fiscal impact incident will be analyzed, as well as its implications for due process, res judicata and effective judicial protection.