El derecho de defensa frente a la aplicación objetiva de las medidas preventivas ambientales, Ley 1333 de 2009

The present investigation aims to analyze the weakening of the guarantees of the alleged offenderat the time of exercising his right of defense and contradiction in the objective application of thepreventive measures derived from the environmental sanctioning procedure created with Law1333 of 2009. Measures that largely part bear similarity or identity with some sanctions to beimposed, without the alleged offender being able to challenge them in the administrativesanctioning process, as well as the power that the same norm grants to authorities other thanenvironmental authorities so that they can impose preventive measures to the detriment of therights and guarantees of the investigated. This research aims to help the development of legal,theoretical and practical foundations that serve as support for the system of constitutionalguarantees to counteract possible abuses of power and highlight the rule of legal principles withinthe framework of constitutionalism and guaranteeism. With the analysis and study of itsfoundations, access to justice is promoted through means of judicial and constitutional controlagainst the rules or procedures that are detrimental to individual guarantees and thus achieverelevant pronouncements in the context of the State. Social of Law.