Efectos jurídicos y ambientales de la política de explotación de hidrocarburos mediante la técnica de fracking un análisis desde el principio de precaución

Abstract

The fracking process is a method which allows hydrocarbon extraction in rocks named “lutitas” which are characterized by its low permeability, due to this feature it is necessary to inject a mixture of sand, water and chemical substances to a high pressure in order to force the flow and the exit of hydrocarbons from the pores. This kind of rocks are found in unconventional deposits. Owing to complexity of this process, it is needed the execution of a public responsible policy if this method is carried out in our country. In this analysis comes up many important topics, for instance: The need of fracking in Colombia, regulation, responsibility by state entities, private companies, control entities including the academy in this regulation, the impact of fracking in the environment, natural resources use, use of hydric resources, cost-benefit in reserves and royalties for the country, community participation in the regulation. These topics are entirely developed in this research and will let the reader a better understanding about this issue in the country. As a turning point it is well known that nowadays according to the decision taken by Council of State of November of 2019, fracking operation is restricted, since the corporation adopted an injunction meanwhile it will be show with technical researches (Report by the technical experts in fracking committee) that this method of hydrocarbon extraction won’t cause any damage to the environment and the communities involved in these projects.