La licencia ambiental versus el principio de precaución en la minería

Abstract

This investigation has as end study the duty of the condition to anticipate and control factors of environmental deterioration opposite to the grant of concessions of mining developments, across analyzing the environmental impact caused by the mining activity legally constituted in the Colombian soil. And power like that to evaluate the efficiency of the environmental license to anticipate and to control the deterioration of the environment for mining exploitation. On the basis of to study the jurisprudence and Primbian legislation for the mining exploitation. Theoretically it rested on authors as: Aerie, Alarcón, Alfonso, Bellmont, Bentancour, Brañez, Builes Naranjo, Vermilion, Purple, Expensive, G. Rock, Klein, Taborda, between others; besides legislators' criteria of the Constitutional Court, organisms as UNICEF, UNO, Peace agreement, etc., directing the investigation a moral, economic - environmental, juridical and political reflection on to act of the Colombian State opposite to the exploitation of common goods and how he administers them, to tend for his protection. The used methodology was qualitative across the hermeneutic juridical method with documentary character. The results demonstrate evidently the State it breaks his duty to anticipate and control factors of environmental deterioration opposite to the grant of concessions of mining developments with approximation of information and evidences concerning which the adopted measures are apparently, insufficient and ineffective provided that there does not exist a politics of the same one, really tending to the protection of the environment to guarantee the quality of life, means of subsistence and satisfaction of needs for the current generations and future generations. The conclusions express that the formulated hypothesis is "true", so Colombia as State and the juridical - environmental authorities across which he exercises his mandates, face weaknesses as for his administrative and financial, redundant structures in high indexes of mining developments without the fulfillment of minimal requirements and that spend ahead the environmental standards of safety, in major measure, with the illegal and / or handcrafted exploitation that the exploitation tecnificada, damaging and violation to the human rights, on not having known, the managing and rational utilization of the natural resources and the right to the water, possession of a healthy environment, food safety, ecological balance, sustainable development, conservation of areas of ecological importance, among others.