Abordaje jurisprudencial de la concepción de constitucionalismo biodiverso en el reconocimiento de la naturaleza como especial sujeto de derechos en el estado colombiano.

Abstract

This undergraduate thesis to apply for the title of lawyer, structures the results of the research project whose general purpose is to analyze the failures of special recognition of nature as a subject of rights in the Colombian State with respect to the prerogatives of Biodiverse Constitutionalism established in the Political Constitution. Faced with this event, the starting point is to understand that the study of said judgments will only be those aimed at those who made a recognition of subjects of rights to the water tributaries within the Colombian State. Thus, an analysis is made of the legal arguments given by the high jurisdictional courts and ordinary courts that made a recognition of the rivers based on the arguments given in the sentences of the Constitutional Court and Supreme Court of Justice. Therefore, the research starts from the question, does the legal argumentation of the sentences issued by the high Colombian courts that recognize nature, as a subject of special protection, comply with the postulates of Biodiverse Constitutionalism established in the Political Constitution of Colombia? whose execution of the same was carried out through a descriptive, analytical and theoretical methodology, whose main result allowed us to understand that although in Colombia progress was made in the field of rights of nature, the rulings are not effective as long as the jurisprudence did not issue the tools necessary for their material protection.