Eficiencia de las decisiones judiciales proferidas por la Jurisdicción Contenciosa Administrativa en acción popular para la protección del medio ambiente
Cabrera Martínez, Jeimyn Alexandra
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A general approach is made on the right to a healthy environment as a fundamental right, enshrined not only in the Political Constitution of Colombia, but also, in the Constitutionalization Block, with the signing of international treaties, that although, with the signing of international treaties, that although, determine the sovereignty of each country to make use of its resources, generates an important limitation that leads to the protection of the environment for the enjoyment of it in future generations. Allowing in this way that those affected can make claims of their rights, using popular action for this, as the most suitable mechanism to avoid irreparable damage. Although the legislator has established that the popular action must be of efficient fulfillment, which means that it seeks to fulfill the end with the minimum of resources and in the shortest possible time, It cannot be ignored that judicial congestion has been the cause of the delay in said compliance, making inefficient the use of popular action as an ideal mechanism, and moving to the use of other mechanisms such as group action that, unlike the first, is applied when the damage has already occurred, either to compensate or compensate and not as in popular actions that seek to avoid, prevent, a threat. A reflection is raised that promotes the request for precautionary measures with the establishment of popular action, in this way, it will be guaranteed that there is no irremediable damage that occurs with the judicial delay that is already notorious in Colombia.