Abstract

MOLINARES HASSAN, Viridiana  and  DIAZ MARRIAGA, Daniela. Protection of nature from the ecocentric paradigm: analysis of sentences of the Constitutional Court of Colombia and other courts of this country. Cuest. Const. [online]. 2022, n.47, pp.219-242.  Epub May 12, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.47.17528.

We present an analysis of sentences, issued from 1991 to 2020, on the protection of nature in Colombia, which is part of the countries of the constitutionalism of biodiversity or new andean constitutionalism, to identify the application of the ecocentric paradigm. The originality of our contribution lies in the fact that we place the application of the categories of ecojustice and ecodemocracy as members of the ecocentric paradigm for the protection of nature in the discourses of the actors and of the judicial bodies. In the conclusions, we highlight the absence of a direct action to protect nature, in addition, although there are relevant judicial decisions in this country, these are based on an anthropocentric and non-ecocentric paradigm, which motivates a necessary change for the effective protection of nature.

Keywords : new andean constitutionalism; biodiversity constitutionalism; antropocentrism; ecocentrism; biocentrism; ecodemocracy; ecojustice.

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