Abstract

GONZALEZ VILLA, Julio Enrique. Class actions and environmental damage. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2012, vol.42, n.117, pp.581-620. ISSN 0120-3886.

The Colombian jurisprudence has inexplicably suppressed the compensatory nature of class actions, which clearly contradicts the provisions of Colombian law. Similarly, and also inexplicably, the Colombian Jurisprudence does not recognize individual damages that are a consequence of the collective damages, which the Colombian law actually allows. The Colombian jurisprudence is blatantly disregarding the law, which is legally impossible, unless the law neglects a constitutional norm, and this does not occur in the cases of class actions. It is ignoring the content of article 1005 of the Colombian Civil Code, which is recognized by article 45 of the Law 472 of the year 1998, and the law is being ruined without reason.

Keywords : Class actions; environmental damage; collective damage and jurisprudence.

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