La justicia ambiental en Colombia: mecanismos judiciales y avance jurisprudencial

Abstract

The Environmental Justice was born as a social fight originated in The United States, leaving exposed the precarious situation of communities where the most affected were the African descent, population of Latin America, Asian origin, native American aborigens who received the pollutant load of the Federated State, giving a few indicators in which the environmental justice not only is limited by pollutant factors, also it is intrinsically related to the phenomena of poverty and exclusion. Colombia for different factors, almost all of social nature, presents a very wide gap of inequality; where the environmental degradation is present and impacts directly on the population. On this way, this important study is discriminated this way: Chapter I, will take charge of the presentation of the concept of environmental justice, in a philosophical, ecological and a social key, it hopes that of the reading of this chapter it could have a wide knowledge about which has been the influence of the environmental justice between the human and not human factor. This concept of Environmental Justice must be applied; it is as well as this monograph has focused in the judicial mechanisms, and other alternatives as the mechanisms of democratic participation. Chapter II I will do a description of the judicial mechanisms for the protection of the environmental justice, relevant cases in the Country. Finally, Chapter III selects judgments of the H. Constitutional Court that under the criterion of the authoress are those who better expose the jurisprudential advance of the Environmental Justice in Colombia.