La contratación Verde y sus Principios Constitucionales en la Protección del Medio Ambiente en Colombia.

Abstract

Through the present investigation, the implementation of the constitutional principles related to the protection of the environment is analyzed, with respect to State Contracting in Colombia, taking into account that the Political Constitution of 1991 is characterized as an Ecological Constitution, whose articles provide the conservation of natural resources, in order to achieve sustainable development. This is how the first chapter analyzes in a particular way the constitutional principles that promote the protection of the environment, in the case of the right to a healthy environment, the duty of the State towards the protection of the environment, the primacy of the general interest over the individual, the right to citizen participation and institutional coordination. Secondly, a study is made of the general principles of State Contracting that contribute to the protection of the environment, such as the principle of planning, objective selection, transparency, responsibility, sustainability and efficiency. This, taking into account the legal framework of public procurement in Colombia, mainly Law 80 (1993), Law 1150 (2007) and Law 1474 (2011). Finally, an analysis of ecological contracting is made regarding the Ituango Hydroelectric Power Plant project, taking into account the environmental repercussions generated by it, for which, previously, a description of the socio-environmental conflicts that were caused in the area, as a result of the construction of Hidroituango.