PUBLIC UTILITY AND SOCIAL INTEREST IN COLOMBIA: ANALYSIS AS A LEGAL CATEGORY IN ENVIRONMENTAL AND MINING MATTERS

This paper analyses the consecration of public utility and social interest as a nonsense of the State’s role. It explores the confrontation of this figure with the protection of the environment as a value, principle and right. To achieve this, an analysis is made from the theoretical sources and jurisprudence, making the general interest and the protection of the environment prevail. To achieve this objective, the declaration of interest in the law is questioned from a constitutional logic, with respect to certain activities that affect the general interest.