Análisis crítico de la prohibición de la pesca deportiva en Colombia

Abstract

Currently, human activities that involve the use and exploitation of natural resources are increasingly being examined due to their impact on the environment and biodiversity. In this context, Sentence C-148 of 2022 of the Constitutional Court of Colombia analyzed the constitutionality of sport fishing, under two main arguments: the prohibition of animal abuse and the application of the precautionary principle, concluding that this is an activity that contradicts the provisions of the constitution, and consequently declares it unconstitutional for a period of one year, thus allowing a transition time for the affected sectors.

Despite the importance of protecting human and collective rights, such as the environment, some judicial decisions generate debate and can be perceived as judicial activism. In the particular case of sport fishing, its ban generated various reactions of both support and rejection, considering its impact on the economic and institutional sectors and on the rural communities that depend on this activity.

This is why, in this article, a critical analysis of the arguments given by the Constitutional Court is carried out, from a theoretical approach to the precautionary principle and the prohibition of animal abuse.