Medio ambiente, Derechos Humanos y proceso. El rol jurisdiccional en materia ambiental en el Uruguay

Abstract

This research studies the main characteristics of the environment and environmental law; its conceptualization, principles, instruments and institutional framework in Uruguay. Likewise, it seeks to determine the relationship between the phenomenon of the environment and environmental law with two sectors of legal knowledge: human rights and procedural law. Regarding human rights, it is concluded that there is a human right to a healthy environment, established legally and constitutionally, as well as in various international instruments to which Uruguay is a party. The link with procedural law is present when it becomes necessary to defend this human right to a healthy environment before the courts, from the perspective of diffuse or collective interests, and even of individual interests. It is therefore useful to have an adequate profile of the judge called to rule on this type of matters, trained to adopt, with knowledge of the subject, the necessary preventive protection measures and to decide accordingly.The study of the most important national court decisions on this subject and of some noteworthy foreign cases is also carried out.