Eficacia en la contención de contaminantes emitidos por el transporte colectivo público en Cúcuta de 2016 a mayo de 2021 revisión socio jurídica de las actuaciones metropolitanas, municipales y de Corponor a partir del derecho a un aire limpio bajo el principio precautorio.

Abstract

The present investigation, which is based on the concern about air pollution in the municipality of Cúcuta and its effects on the environment and health; aimed to evaluate the effectiveness of the actions taken by environmental, municipal and metropolitan authorities for containment of polluting emissions by the city's public collective transport, between 2016 till May 2021. This was done based on the normative regulation, the perspective of the precautionary principle, the duty to protect the right to clean air, and studies on quality of the city air. The socio-legal method was used with a mixed paradigm, an explanatory level and supported by documents. It was found that diagnostic and projective actions were carried out by the entities, which included both the improvement and integration of public transport as well as the surveillance system and air quality policy, but almost no measure has been fully materialized to date despite that it was detected that the municipality of Cúcuta is in charge of environmental protection duties, the Metropolitan Area of control and surveillance, of public collective transport and Corponor, of surveillance of air quality, in addition to the existence of extensive national and international regulations that protects the environment (including the air) and the need to apply the precautionary principle to deal with the problem raised. Finally, it was found that studies on the air quality of the municipality show the presence of genotoxic agents in the air related to vehicular traffic, high levels of PM10 and PM2.5, a high number of old vehicles, incidence of respiratory diseases and effects of climate change, therefore, it is concluded that the degree of effectiveness of the actions is low.