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Biolex
On-line version ISSN 2007-5545Print version ISSN 2007-5634
Abstract
SALGADO MOLINA, Sergio Alexander; MEDINA GONZALEZ, Johann Sebastián and MORALES ACUNA, Jorge Eliecer. The right to a healthy environment, a limit to the exercise of the mining exploitation in Cerrejón and Guajira, with implications in the general system of gifts. Period 2010 - 2015. Biolex [online]. 2020, vol.12, n.23, pp.93-140. Epub Apr 21, 2021. ISSN 2007-5545. https://doi.org/10.36796/biolex.v0i23.191.
This article explores the impact of the constitutional protection of the right to enjoy a healthy environment, based on the exercise of constitutional actions against the Cerrejón mining operation. The analysis is based on the jurisprudence of the Constitutional Court, which in terms of protection of the environment in the department of La Guajira is limited, despite the obvious natural imbalance that threatens the survival of the environment of this region of the country. However, it is concluded that the constitutional actions presented have generated legal repercussions and imposed a limit on the exercise of mining activity in Cerrejón.
Keywords : Cerrejón; Guajira; Royalty; Environment; Constitutional actions; Treasury; State.