LA ACCIÓN DE LESIVIDAD COMO MECANISMO PARA GARANTIZAR EL ORDEN AMBIENTAL EN COLOMBIA

Abstract

The Action of Lesividad is a judicial mechanism used by the State to challenge its own decisions. It is based on the principles of legality, timeliness, and administrative self-control. Its purpose is to protect the rights and interests of entities and individuals affected by acts that are harmful to them. Therefore, it is necessary to determine when an administrative act is injurious and who has the standing to challenge it through this legal action. This aims to ensure that discretionarily issued acts are corrected when necessary. Additionally, under our legal framework governing the public administrative function, there are cases in which acts are issued that contradict the norms of positive law. These may contain defects arising from noncompliance with legal and constitutional precepts or involve an abuse of power intended to benefit third parties. In environmental matters, the creation and enactment of certain administrative acts have not only generated legal instability within the regulatory framework but have also caused significant damage to the national ecosystem as a result of their application. Although it is true that the State, acting under the principles of good faith, transparency, efficiency, and administrative responsibility, fulfills the functions assigned to it by constitutional mandate within the legal order and in relation to its citizens, it must be ensured that, in issuing each of its acts, constitutional supremacy prevails in order to protect the social collective within its territory.