Environmental law
elobjeto environmental law: environmental law often assigned to different objects of study. from environmental law to define and analyze biological diversity elconcepto vase on a systemic vision of dialectics and mismos.CARACTERISTICAS: young, rich, renobar, dense, hindered, unfriendly, dynamic, inefficient, fast. elderechoambiental consists of a set of rules that address issues related to conservation and protection of natural environment and fighting pollution. CONCEPT is the set of legal rules governing human behavior that can influence in a relevant way in the processes of interaction taking place between the systems of living organisms and their environment by generating effects that are expected a significant change in the conditions of existence of such organsmos Article I. – basic right and duty
Every person has the inalienable right to live in a healthy environment
balanced and appropriate for the full development of life and duty
contribute to effective environmental management and protecting the environment, and
components, particularly ensuring the health of people
individually and collectively, the conservation of biodiversity,
sustainable use of natural resources and sustainable development
of país.Artículo I. – basic right and duty
Every person has the inalienable right to live in a healthy environment
balanced and appropriate for the full development of life and duty
contribute to effective environmental management and protecting the environment, and
components, particularly ensuring the health of people
individually and collectively, the conservation of biodiversity,
sustainable use of natural resources and sustainable development
the country.
Article II .- The right to access information
Everyone has the right to adequate and timely access to
public information policies, standards, measures, projects and activities
that could affect the environment directly or indirectly, without
plead justification or interest that motivates this requirement.
Everyone is required to provide appropriate and timely to
authorities with the information that they require for effective management
environmental law under
Article III .- Of the right to participate in environmental management
Everyone has the right to participate responsibly in the processes
decision-making as well as in the definition and implementation of policies and
measures relating to the environment and its components, taken in each
levels of government. The State arranges with the civil society
decisions and actions of environmental management.
Article IV .- Of the right to access environmental justice
Everyone has the right to a swift, simple and effective, given the
administrative and judicial bodies, to protect the environment and its
components, ensuring the proper protection of the health of people
individually and collectively, the conservation of biological diversity,
sustainable use of natural resources and the
preservation of cultural heritage related to those.
You can even take legal action in cases where it does not affect the
economic interest of the plaintiff. The moral interest authorizes the action even
when not directly relevant to the plaintiff or his family.
Article V. – The principle of sustainability
The management of the environment and its components, as well as exercise and
rights protection provided by this Act, are based on the
balanced integration of social, environmental and economic
national development and in meeting the needs of
current and future generations.
Rule VI .- The principle of prevention
Environmental management priority aims to prevent, monitor and prevent
environmental degradation. If it is not possible to eliminate the causes that
generated, the measures of mitigation, recovery, restoration or
any compensation, as appropriate.
Article VII .- The precautionary principle
Where there are threats of serious or irreversible damage, lack of absolute certainty
should not be used as a reason for postponing cost-effective measures
and efficient to prevent environmental degradation.
Article VIII .- The principle of cost internalization
Any natural person or legal entity, public or private, must assume the cost of
risk or harm to generate on the environment.
The cost of preventive measures, monitoring, restoration, rehabilitation,
repair and eventual compensation, related to the protection of
environment and its components of the negative impacts of activities
human must be assumed by the perpetrators of such impacts.
Article IX .- The principle of environmental responsibility
The cause of environmental degradation and its components, is a
natural or legal person, public or private, is required to take
inexcusably measures for their restoration, rehabilitation or repair
as appropriate or, if this were not possible to compensate
terms generated environmental damage, without prejudice to other
administrative, civil or criminal incurred.
Article X – The principle of equity
The design and implementation of environmental public policies should help
to eradicate poverty and reduce social and economic inequities
existing and sustainable economic development of underserved populations
favored. In this regard, the State may, inter alia, political or
affirmative action programs, understood as a coherent set of
temporary measures aimed at correcting the situation of members
the group they are intended, in one respect or more of your social life or
economic, to achieve effective equality.
Everyone has the right to adequate and timely access to
public information policies, standards, measures, projects and activities
that could affect the environment directly or indirectly, without
plead justification or interest that motivates this requirement.
Everyone is required to provide appropriate and timely to
authorities with the information that they require for effective management
environmental law under
Article III .- Of the right to participate in environmental management
Everyone has the right to participate responsibly in the processes
decision-making as well as in the definition and implementation of policies and
measures relating to the environment and its components, taken in each
levels of government. The State arranges with the civil society
decisions and actions of environmental management.
Article IV .- Of the right to access environmental justice
Everyone has the right to a swift, simple and effective, given the
administrative and judicial bodies, to protect the environment and its
components, ensuring the proper protection of the health of people
individually and collectively, the conservation of biological diversity,
sustainable use of natural resources and the
preservation of cultural heritage related to those.
You can even take legal action in cases where it does not affect the
economic interest of the plaintiff. The moral interest authorizes the action even
when not directly relevant to the plaintiff or his family.
Article V. – The principle of sustainability
The management of the environment and its components, as well as exercise and
rights protection provided by this Act, are based on the
balanced integration of social, environmental and economic
national development and in meeting the needs of
current and future generations.
Rule VI .- The principle of prevention
Environmental management priority aims to prevent, monitor and prevent
environmental degradation. If it is not possible to eliminate the causes that
generated, the measures of mitigation, recovery, restoration or
any compensation, as appropriate.
Article VII .- The precautionary principle
Where there are threats of serious or irreversible damage, lack of absolute certainty
should not be used as a reason for postponing cost-effective measures
and efficient to prevent environmental degradation.
Article VIII .- The principle of cost internalization
Any natural person or legal entity, public or private, must assume the cost of
risk or harm to generate on the environment.
The cost of preventive measures, monitoring, restoration, rehabilitation,
repair and eventual compensation, related to the protection of
environment and its components of the negative impacts of activities
human must be assumed by the perpetrators of such impacts.
Article IX .- The principle of environmental responsibility
The cause of environmental degradation and its components, is a
natural or legal person, public or private, is required to take
inexcusably measures for their restoration, rehabilitation or repair
as appropriate or, if this were not possible to compensate
terms generated environmental damage, without prejudice to other
administrative, civil or criminal incurred.
Article X – The principle of equity
The design and implementation of environmental public policies should help
to eradicate poverty and reduce social and economic inequities
existing and sustainable economic development of underserved populations
favored. In this regard, the State may, inter alia, political or
affirmative action programs, understood as a coherent set of
temporary measures aimed at correcting the situation of members
the group they are intended, in one respect or more of your social life or
economic, to achieve effective equality.