La eficacia de la acción de tutela como un mecanismo idóneo para garantizar el derecho a un medio ambiente sano en Colombia

Abstract

The environment is defined as a group of physical and biological factors integrated by objects and living beings that interact in a dynamic way to subsist within a respective territory, that is why the Political Constitution of 1991 establishes in its article 79 the protection of diversity and the protection of the environment as a priority that the state must exercise over its geographical space. The Constitutional Court in sentence T-325 of 2017 has reviewed that the Political Constitution of 1991 has been considered as an ecological constitution, where the defense of the environment constitutes a primary object within the social state of law, since it constitutes the vital content of the human being, indispensable for his survival and of the future generations, therefore the right to a healthy environment cannot be separated from the right to life and health of the people, main of the Social State of the Right the nature, looking for alternatives for the urgent protection of this biodiversity since it can deteriorate the life and health of the human being. The present research work aims to carry out a jurisprudential analysis on the effectiveness of the action of protection as a mechanism of protection of the right to a healthy environment; the work consists of 4 chapters, which starts from the approach of the problem, passing through a brief historical review; through the foundations of our research questioning, the state of the art and our conclusions closely linked to the sentence T-256/2015 of the Honorable Constitutional Court.