Análisis Económico de los Derechos Colectivos y Su Mecanismo de Protección Jurisdiccional en Colombia : El Papel de los Incentivos, la Acción Colectiva y la Provisión de Bienes Públicos (A Law and Economics Approach to Collective Rights and Their Protection in Colombia: The Incentives Role, the Collective Action and Their Public Good Provision)

The purpose of this paper is to analyses the nature of collective rights and the mechanisms for their protection (civil actions), using the Law and Economics methodology. This study considers the legal rules as incentives source that promotes the solutions to problems related with coordination or cooperation behavior in public goods provision. This analysis makes a legal study about the collective rights and after it makes a law and economics approach to argue that the collective rights should be consider as an economic good, in particular as a public good. In this order the collective action problems that this kind of goods produces might be solve using the Olson's theory about the selective incentives. As a study case we consider the 39 and 40 articles repelled by Law 1425/10 as a bad decision because this repeal eliminated the economic incentives as a solution for collective problems. As a conclusion this paper develops regulatory suggestions to correct the problems of the Law 1425/10, taking in account three restrictions: avoid a treasury spending; avoid judicial congestion; and achieve a Pareto superior