Publicación:

Responsabilidad estatal frente al deterioro del ambiente de acuerdo con la jurisprudencia del Consejo de Estado

Resumen

In the environmental legal field, a dispute is fought to position definitions or interpretations of environmental problems (Azuela, 2006, P. 488). In this way, social and environmental disciplines have insisted in recent years on the ideological and historical character of the relations between territory, landscape and identity, for which they focus on the analysis the context in which these relationships are generated, the set of variables economic, political and sociocultural conditions that condition them over time, and the hegemonic mechanisms that naturalize them (Wilde, 2008, p. 193).Faced with this situation, it is emphasized that the rights and obligations present in state contracts have been analyzed from different theories, such as positive and negative theory, but, as regards the term of administrative contract, it is not applicable in administrative law and that is known, is relevant only to administrative acts.It is reiterated that environmental damage must be distinguished from the notion of ecological damage, since it refers to any transformation of the natural environment, generated as a result of any kind of activity, that is, by the impairment or deterioration of the environment. atmosphere in general. Therefore, environmental damage refers to the changes or detrimental effects generated to material goods, the health and integrity of individuals, in turn, in the minimum conditions for progress and quality of life, which can restrict the practice of certain rights, such as the right to property.It should be seen that environmental damage can cause individual and specific damage to a person's legal assets, which has to do with consequential damage or damage arising from environmental pollution causes.