Abstract

PEREIRA ORTEGA, Duanys Liesel; PENALOZA NUNEZ, Sharith  and  MENDEZ SANTAMARIA, Álvaro. Framework for Legal and Constitutional Protection of Rivers: New Subjects of Law with Special Protection Based on National Regulations and Comparative Law. Prolegómenos [online]. 2022, vol.25, n.49, pp.27-38.  Epub June 30, 2022. ISSN 0121-182X.  https://doi.org/10.18359/prole.5651.

the present investigation proposes the establishment of the scope of the legal and constitutional protection of rivers as new subjects of law, based on national regulations and comparative law. For this purpose, various legal, jurisprudential and doctrinal sources are reviewed in which the new legal figure of "rivers as subjects of rights" is framed, and the effects that this has generated in the legal-social framework are established. Hence, the discussion will include three fundamental points: the first defines what is meant by a subject of law and why rivers fit into such a classification; following this, the guarantees offered by the Colombian legal system to these subjects are identified, and finally, the manifestation of this legal novelty and its applicability in the national context will be analyzed from the point of view of comparative law.

Keywords : Atrato river; ecocentrism; guarantee; comparative law.

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