In the present work, a conceptualization was made on an exploratory model, which is explanatory of the requirements established by the General Organic Code of Processes, for the configuration of the extra-contractual liability of the State, emphasizing the qualified damage. Neutrosophic statistics are used to demonstrate the state's extra-contractual liability from the administrative organic code, deducing three main functions within the determination of liability, among which are the function of patrimonial reparation, the preventive function and the control function. The conclusion is that qualified damage is understood as that public burden unbalanced on an administered due to deficient state action, which leads to a patrimonial and moral reparation.