Resumo

GOMEZ - VELASQUEZ, Alejandro. The "constitutionalization" process of the international environmental law in Colombia. Rev. Derecho [online]. 2016, n.45, pp.1-31. ISSN 0121-8697.

The Colombian Constitution has a particular interest for the environmental issues. As part of it, the Constitutional framework includes the possibility to introduce international environmental norms to the Colombian legal system. As a general rule, the Constitution provides a process of ratification for international norms to make them part of Colombian legal system. But exceptionally, the Constitutional Court has recognized that some international norms could make part of the Constitution and at same normative level. This doctrine has been called as "block of constitutionality". In recent rulings, the Constitutional Court has held that some international environmental norms made also part of the Colombian Constitution and share the same legal hierarchy. This is precisely the case of the international environmental norm of the Precautionary Principle, for whom the Court has held expressly that it has a Constitutional status. Due to the implications of this recent holding to the Colombian and international environmental law, the present paper addresses the legal background of these jurisprudence, places it in a comparative perspective and suggests some perspectives from this seminal doctrine.

Palavras-chave : Constitution; International Environmental Law; Precautionary Principle; Colombian Constitutional Court.

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