Amazonía colombiana sujeto de derechos: análisis del Fallo de la corte suprema de justicia sala de casación Civil stc 4360 de 2018 en el municipio de Cartagena del Chaira - Caquetá
Motta Vargas, Ricardo | 2021
In 2018 a group of 24 girls, boys and adolescents brought a tutelary
action for protecting the “Supra-legal “rights, of having an environment, live and
health, which me allegedly were violated by the Republic presidency, the
ministries of environment and sustainable development and Agriculture and
rural development, the special administrative unit of natural national parks of
the governance of Amazonas, Caquetá, Guania, Guaviare, Putumayo and
Vaupes, due to the increased deforestation in Colombian’s Amazon.
The plaintiffs based their claim on the fact that the Colombian’s state
signed the Paris’ agreement, whose objective was deal with the climate change
and its negative effects, likewise with the Law 1753 of 2015, the government
acquired national and international commitments of “reducing deforestation
and emission of greenhouse gases in the context of climate change”, among
which it is highlighted the duty of reducing “the net rate of deforestation to zero
in Colombia’s Amazon for 2020” and that in accordance with the informs of
early deforestation alerts -EDA, the deforestation in Colombia had an important
increase in 2016 and 2017, which is alarming.
The Superior Court of the Judicial District of Bogotá, upon analyzing the
assumptions set forth by the plaintiffs of the action, indicated that the tutela was
not the appropriate means to request the protection of the collective right to a
healthy environment, since the legal system contemplates the popular action
referred to in article 88 of the Political Constitution.
Not satisfied with this, the judgment was challenged, the plaintiffs stated
that the tutela action was a suitable means to request the protection and that it
was also proven that in the specific case there was an irremediable damage.
In the analysis of the challenge, the Supreme Court of Justice - Civil
Cassation Chamber determined that the Colombian state has not efficiently
faced the problem of deforestation in the Amazon and ordered the different
administrative authorities, both national and territorial, to generate actions to
mitigate deforestation in the region.
Therefore, this paper will address in a broad manner the assumptions
that are considered relevant and that motivated the ruling such as international
instruments, domestic legislation and jurisprudence in light of the problem of
deforestation in the Amazon, the philosophical concepts such as
anthropocentrism, biocentrism and ecocentrism, biocentrism and ecocentrism
in the socio-legal discussion on the environment and introduction legal
subjectivity of the environment finally the analysis of the execution of the STC
4360 ruling of 2018 of the supreme court of justice civil cassation chamber
facing the environmental situation in the municipality of Cartagena del Chairá-
Caquetá, where the impact that the ruling has had when mitigating
deforestation in the municipality will be verified.