TOWARDS A SUSTAINABLE JUSTICE: ENVIRONMENTAL PUBLIC ORDER FROM THE PERSPECTIVE OF THE RIGHT OF ACCESS TO EFFECTIVE JUSTICE”

Abstract

Faced with the conflict represented by the level of litigation in environmental matters in the Province of Córdoba, both in judicial instances and at the administrative level, which often entails an unnecessary extension of time that directly threatens the realization of justice in the specific case, the flexibility of certain concepts in force in the environmental regulatory framework will be proposed throughout this present note, exposing the possibility of applying
alternatives other than the classic judicial process in order to favor access to both proper and improper environmental justice. To this end, the judicial proceedings filed by the First Nomination Administrative Litigation Chamber of the City of Córdoba in files “Marquez, Héctor y otros c/Municipalidad de Córdoba y otros - Amparo (Ley 4915)”, and in particular its sentence that ended the process by means of the homologation of an agreement reached between the protectionists and defendants, thus exposing a new vision of environmental public order and new perspectives regarding the possibility of using alternative methods of solution in this type of controversy.