THE PRECAUTIONARY PRINCIPLE IN THE CONSTITUTIONAL JURISPRUDENCE

Abstract

The precautionary principle from the perspective of the Constitutional Court, responds to the uncertainty of a possible risk that may cause a certain activity. It is pertinent to analyze the development in constitutional jurisprudence to extract the baselines that have determined the development of the precautionary principle since the issuance of the 1991 constitution. The research was developed under the bibliographic method, for which the collection and analysis was used from jurisprudential, doctrinal and legislative sources, consulting databases, in order to reach a series of general conclusions through a previous analysis. The Constitutional Court has developed five jurisprudential lines that conceive the precautionary principle as a norm compatible with Colombian national law; as a rule that empowers the authorities to act; as a rule applicable by judges to impose duties on authorities and individuals; as an interpretive rule; and, as a rule of probation. Constitutional jurisprudence has evolved in the sense that it extends the scope of the precautionary principle by constructing theses at the forefront of human activity and the risks that this generates