El desarrollo decisional de la jurisprudencia del Consejo de Estado colombiano en cuanto a la reparación del daño ambiental consecutivo directo

Abstract

Between 2004 and 2021, the jurisprudence of the Colombian Council of State on tort liability addressed the study of cases in which the plaintiff, attributing environmental damage to the State, sought full reparation of damages. Given that these damages may deprive certain persons of the use or enjoyment of the values that the ecosystems they inhabit provide them, this research aims to answer the question of what is the ideal way to order the reparation of harm attributable to the State, of the individual facet of the constitutional right to a healthy environment. For this purpose, the methodology of the jurisprudential line proposed by López Medina (2006) is applied to those cases where direct consequential environmental damage is attributable to the State, arguing that the ideal way to compensate for this type of damage is reparation in kind. It is suggested that disregard for the individual facet of the right to a healthy environment in the contentious administrative jurisdiction implies that the reparation of environmental damage is partial; therefore, the study proposes as a solution a sentence in which the Council of State unifies its jurisprudence recognizing the individual facet of this right.