THE PROJECTION OF STRUCTURAL REMEDIES IN COLOMBIAN ENVIRONMENTAL JUSTICE: NATURE, GOVERNANCE, AND FORCED DISPLACEMENT DUE TO ENVIRONMENTAL FACTORS

Abstract

This article analyzes the development and application of structural remedies within Colombian environmental justice, with particular attention to their relationship with structural judgments, complex judicial orders, environmental governance, and forced displacement caused by environmental factors. The study adopts a legal-dogmatic and jurisprudential approach, examining relevant judicial decisions in order to identify elements associated with structural intervention, including institutional plurality, complexity of judicial orders, progressive implementation, interinstitutional coordination, citizen participation, monitoring mechanisms, and collective impact. The analysis shows that Colombian environmental jurisprudence has progressively incorporated structural techniques to address complex environmental conflicts, particularly in cases involving the protection of rivers, ecosystems, biodiversity, and vulnerable communities. However, the presence of complex orders or monitoring mechanisms does not necessarily imply the existence of a structural judgment in the strict sense. The article also highlights the importance of environmental governance as a condition for the effective implementation of structural remedies, emphasizing coordination among public institutions, community participation, transparency, and accountability. Finally, special attention is given to Constitutional Court Judgment T-123 of 2024 and Law 2577 of 2026, which recognize and regulate forced displacement caused by climate change, environmental degradation, and disasters. These developments illustrate the growing interaction between constitutional jurisdiction, public policy, and legislative action in addressing complex environmental and social vulnerabilities.