Abstract

NOGUEIRA ALCALA, Humberto. Access to Environmental Justice and Protection Action in Chile. Opin. jurid. [online]. 2021, vol.20, n.spe43, pp.571-597.  Epub Aug 23, 2022. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n43a24.

The purpose of this article is to analyze the evolution of the right of access to environmental justice, recognized in international law and at the state level, its theoretical and normative support as a right and its validity conditions in the Chilean legal system, as well as, the current status of the implementation of the right of access to justice in environmental matters in Chile in accordance with international standards, specifically, the current status of the regulation of constitutional action (protection appeal) is analyzed to protect the right to live in an environment free of contamination, its normative evolution, the jurisprudence of the Supreme Court, the deficiencies that are perceived in its regulations and the proposals to overcome them are considered in the perspective of protection action in the draft of the new Constitution, which begins to be prepared by the Constitutional Convention as of July 2021.

Keywords : Environmental justice; Protección Action; Collective Actions; Fuzzy Actions; New Constitution.

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