The topic regarding the patrimonial responsibility of the State as part of Public Law has been in continuous development, which is gaining greater importance every day in the legal field of various Latin American countries, including Mexico. Thus, our Federal Constitution establishes the obligation of the State to prevent, investigate, punish and repair violations of human rights, in the terms established by law; for this reason, in the Mexican legal system there is an alternative for the claim for violation of human rights identified as the patrimonial responsibility of the State, also included in the Magna Carta, pointing out that the State has responsibility when, due to its irregular administrative activity, damages to the property or rights of individuals, for which they may demand the corresponding compensation.

The aforementioned alternative may be used when a citizen considers that his or her human rights have been violated by a public servant as a representative of the State, identifying such violations as damages caused by irregular compliance or, where appropriate, non-compliance with any of the obligations that must be carried out carried out by the State. We must clarify that the procedure followed to determine the patrimonial responsibility of the State seeks to prove that the State failed, through its government agents, to comply with any of its duties and that said failure created damage which must be compensated by the State indicated legal entity.

In the superior law there are only general provisions, so there are secondary laws that are: the Federal Law of State Patrimonial Responsibility, the Federal Law of Responsibilities of Public Servants, the Federal Law of Administrative Responsibilities of Public Servants and the Federal Law of Administrative Procedure, which constitutes the federal legal framework regulating the patrimonial responsibility of the State and public servants.

On the other hand, in Mexico, progressively, lately citizens have been demanding their right to have greater intervention in the decisions made related to the public aspect, likewise, they are not in a position to consent to the easy and authoritarian way that public servants resolve without consulting or at least justifying actions on matters of high impact for the population, in order to demand that representatives of public power make their actions transparent so that they are distributed and applied with due legality and opportunity to all and each of the public resources – human, financial, material and technological – so that they contribute significantly to achieving good public administration.

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