Ratio Juris (Jan 2016)
EL DERECHO COLECTIVO A LA PREVENCIÓN DE DESASTRES ANTE EL CONSEJO DE ESTADO, DESLIZAMIENTOS DE TIERRA Y CONSTRUCCIÓN INADECUADA DE VIVIENDAS
Abstract
The article is the final product of the research project that aims to describe the preceding rules or case law on class actions implemented in the protection and guarantee of the right to collective disaster pre- vention, this in order to provide legal expertise on the implementation of the provisions and rules that develop this kind of rights. In the first segment the collective right to disaster prevention is con- ceptualized, later the rules of application of the dispositions that deve- lop it are obtained, which is achieved by analyzing all the statements having the protecting collective right of prevention of disasters as ob- jective, finally, is classified by jurisprudential scenarios and normali- zed as a jurisprudential lines, giving reason for the rules implemented by the State Council in ensuring the right to disaster prevention.There are multiple types of disasters that are framed as jurispruden- tial scenario, but given the limitations of the publication of articles, in the present only the landslide on inadequate housing and housing construction were addressed, leaving the other disasters treated by the State Council for future publications.
