Responsabilidad del estado colombiano derivada de la ocurrencia de desastres naturales

Abstract

The present study was based on the responsibility of the Colombian State against the omission of the application of the different public policies that are created by the national Government in order to predict possible natural disasters in line with the Fundamental rights and norms of international character. The above as you want the State responsibility field, following the neglect of the exercise of environmental public policies for prevention, caution and natural disaster care in our country; It has generated a breakdown of governability in dealing with the risks of a catastrophe, which generates an inopportune reaction of the environmental authorities since they are not assuming the projects of national order in accordance with the national legislation to To preserve not only nature but also life, safety, health, the right to freedom of movement and to the family. In the same way, it is necessary to study which entities of public and private order, in articulation with the public norms and the policies, as well as of the international organizations, since there are two normative bodies of different nature, the first Aimed at taking all kinds of measures to prevent a risk of natural disasters from being consumed, and on the other hand regulating disaster areas, action plans and prevention for management, coordination and the control of measures, such as the participation of public and private entities during the situation. It seeks to establish jointly what type of responsibility is given to the state by such inwarning of the public policies that were developed in order to preserve the lives of the inhabitants of our country and to copyright the possible risks and mitigate the Disasters occurring at the national level. It should be pointed out that in order to be able to attribute the damage to this, it is necessary to have an antilegal damage and that it has also been caused by the action or omission of the agent, without entering to analyze the wrongful agent, executing at the level of State responsibility a failure in the service because there was no functioning of a public service or of its improper or retarded action, which composes a particular damage and that is the object of the present written. It is necessary to study the theory of State responsibility which is a fundamental pillar for the exercise of action and omission of public policies that are legislated in order to anticipate the disasters of of nature than with a development of studies. Finally, the vulnerability is the level of inability of a subject or entity in a certain case when a threat situation arises, therefore, the vulnerability is catalogued according to the characteristics and circumstances of a particular collectivity. According to the question, the risk in itself is the manifestation of situations where there is the probability of suffering a type of damage when being exposed to a prominent danger, in this sense by the existence of an event or situation where the consequences may have a negative effect on a population, so it is considered that there is a risk when the situation of comfort of the subject changes and cause a disadvantage; By undermining the situation in which the subject is located it can be placed in prominent danger either by its location or position within the sphere of threat and vulnerability.