La constitucionalización del ambiente, un desafío de responsabilidad patrimonial inherente a la función administrativa del estado colombiano

Abstract

The content and development of this work, proposes a new and dynamic context of environmental law, integrated by nature to administrative law, constitutional and public law. The Colombian State, obliged before the constitutionalization of the environment, to develop green public policies, government strategies that guarantee true sustainable and resilient development, not only to future generations, but to those present, guaranteeing rights of supralegal status. It can not be conceived as the only source of a country's economic development, at the cost of common goods - natural resources -; natural resources can be exploited and managed, in a rational, compensatory manner, with a clear scientific certainty of the negative impacts, environmentally compliant impact studies and above all with environmental awareness - constitutional mandate enshrined in articles 79 and 80 C.P. - Budgets that must be applied at the initiative of the State itself, but that have been integrated into the so-called "judicial environmental activism", which integrates legal spheres and competencies of the legislature and executive, legislating from the failures of the high courts and generating fiscal impacts on the National budget, to safeguard the "natural commons" - understood natural resources -.