Garantía constitucional del articulo 80 a la luz de la Ley 1333 del 2009. (Procedimiento Sancionatorio Ambiental)

Abstract

Aimed at stopping the expansion of environmental pollution, the States jointly commit to create actions and mechanisms in defense of natural resources and thus promote sustainable development, in this way treaties and agreements have been signed in order to safeguard the environment. environment. In Colombia, a fundamental pillar for this was the issuance of the Political Constitution of 1991, the so-called green constitution from sentence T-411 of 1992, which recognized the enjoyment of a healthy environment as a right and implemented a broad spectrum in protection. environmental, article 80 stands out, in which the State is responsible for protecting the environment in its entirety, guaranteeing sustainable development and protecting ecosystems. With this, with the application of principles and with the hierarchy of competences established in the SINA, effective management actions and plans would have to be organized to guarantee the right to the environment as a responsibility of the State. As well as a protection and guarantee mechanism, the environmental sanctioning procedure emerged in 2009 within a subjective regime and is issued under the constitutional mandate of the obligation of the Colombian State to prevent and control factors that could generate a deterioration of the environment through the application sanctions and preventive measures. On the occasion of this, the investigative objective is proposed to accurately determine the performance and effectiveness of the sanctioning power of the State and the norms that derive from it.