Colombian jurisprudencial development about the right to water. Guarantee in cases of exclusion of the municipal supply of water and sewerage due to lack of infraestructure

Abstract

This article seeks to expose the judicial development of the rightto the water, in cases of exclusion of the provision of public services of aqueduct and sewerage for lack of infrastructure, from the construction of jurisprudential lines that have consolidated from the Constitutional Court and the State Council. In order to achieve this goal, the legal methodology proposed by the doctrineire Diego E. López Medina in his publication “El derecho de los jueces”. Obligatory nature of the constitutional precedent, analysis of judgments and jurisprudential lines and theory of judicial law. The findings of his work show that both courts have sustained, over time, decisions of recognition and protection of access to water for human consumption as a fundamental right, both in its collective manifestation as well as in the individual. The characteristics of the precedent that have been set, its validity in the present and the methodological rigor for its study, are described in the body of the following text.

Keywords

• Derecho al agua
• Corte Constitucional
• Consejo de Estado
• Servicios Públicos de Acueducto y Alcantarillado
• precedente judicial