EFFECTIVE JUDICIAL PROTECTION OF THE ENVIRONMENT.A VIEW FROM CONSTITUTIONAL AND CONVENTIONAL LAW.ANALYSIS IN THE FRAMEWORK OF THE FOLLOWING CASE:“GUITIAN, ROMÁN ELIAS / PODER EJECUTIVO NACIONAL YOTRO / ACCIÓN DE AMPARO AMBIENTAL”

Abstract

The ruling recently handed down by the Supreme Court of the Province of Catamarca invites us to analyze the effective protection of the environment in the context of an amparo action filed by the cacique of the Atacameños Indigenous Community of Altiplano. Through this action, a precautionary measure was requested with the aim of ordering the suspension of the mining activity carried out in the town of Antofagasta de la Sierra since 1997, on the grounds that the permits and authorizations were granted in violation of the regulations governing environmental and mining matters. Among the main grounds of the lawsuit is the existence of irreversible damage in the area, as the Los Patos River, in the Salt flat Hombre Muerto, has completely dried up, and the violation of fundamental human rights, such as the right to health, physical integrity, life, and the enjoyment of a healthy environment to the participation of the affected indigenous community. The interests or assets to be considered will be: on the one hand, the economic development caused by the mining activity carried out in the area, and on the other, the right to a healthy environment interrelated with the effective protection of other fundamental human rights.