Through Resolution 1750 the 12 October 2011, Corpoguajira closed the administrative investigation – Environmental against the Colombian Institute for Rural Development – INCODER- and declared it responsible entity did not carry, or executed the activity set out in the Environmental Management Plan, in connection with the filling of the reservoir, by not complying with the technical and environmental criteria to be applied in the development of forest management activities, clearing and stripping of vegetation cover. As part of the penalty, INCODER, shall pay a fine of $738.004.064.

In this situation, INCODER, requested that the fundamental rights to due process of defense and good faith be protected, requiring Corpoguajira to declare the sanctioning process null and void within a period of 48 hours.

The contentious administrative court, declared this guardianship action inadmissible, considering that the plaintiff entity has another means of judicial defense or claim to achieve the annulment of the attacked resolutions.

In addition to the above, I state that the procedure given in the environmental process followed by Corpoguajira was carried out under the observance of the constitutional principles of due process and defense., since the sanction imposed by the environmental authority is due to the evidence and legal considerations found in the investigation.

According to the ruling of the guardianship, does not correspond to a Constitutional Judge, know the nullity of the administrative acts in question.