La carga dinámica de la prueba en el derecho ambiental colombiano.

Abstract

Damage to natural resources and the environment affects the supply of environmental goods and services that are vital to the existence of living beings; protocols that apply in the custody of the same will be the reference for quantification and subjective qualification represented an economic value, which does not compensate for the damage nor can give a factual responsibility to the subject as alleged infringer. The objective set is to contrast the dynamic burden of proof in environmental law with the different branches of public and private law, comparing different areas of the Colombian legal system. The methodological strategy used is the focus of a legal research partner given its impact on society and conditionality that environmental law holds it. In conclusion, there is reason to apply the doctrine of probation flexibility in Colombia's environmental system and legal assumptions about the distribution of dynamic evidentiary burdens, so that anyone trying to benefit from the shift of the burden of proof showing that he is unable of oversight or produce.