¿Existe colisión entre el derecho a la libertad económica y el derecho al medio ambiente como fines del estado establecidos en la constitución política de 1991 en el periodo 2014-2018? / Desarrollo económico vs derechos fundamentales

Abstract

The Colombian economy has depended to a large extent on the exploitation and export of hydrocarbons, especially oil and its derivatives. With the fall of global crude oil prices in mid-2014, the National Government headed by Juan Manuel Santos, who was starting his second presidential term, presented the National Development Plan 2014-2018 "All for new country, peace, education and equity ", in which as a measure to mitigate inflation and the economic deficit, he sought the appropriate way to encourage investment by both domestic and foreign companies, through the efficient issuance of mining titles. For this reason, the study of the alleged environmental damages caused by these mining activities became relevant. In the same way, the effects on the country's economy were determined. In order to establish certainty about the alleged confrontation between the right to a healthy environment and the right to economic freedom, the decisions of the Constitutional Court were analyzed as the highest organ of closure in the constitutional jurisdiction and the weighting test was applied. to determine if the breach of the principle of life was justified by the satisfaction of the principle of economic freedom.