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09
Jun

La Corte Suprema declaró su competencia originaria en tres causas por la Ley de Glaciares

La Corte Suprema de Justicia de la Nación declaró su competencia originaria en las tres causas en las que el Juez Federal Dr. Miguel Ángel Gálvez dictó medidas cautelares que suspendieron la aplicación de la Ley 26.639 de Régimen de Presupuestos Mínimos para la Preservación de los Glaciares y del Ambiente Periglacial, con respecto a emprendimientos mineros en San Juan.

Si bien resulta alentador que un caso en el que se cuestiona la implementación de una norma que persigue la tutela de un derecho humano básico y colectivo como es el derecho al agua (y que ha sido sancionada al amparo de nuestra Constitución Nacional) sea debatido ante el máximo tribunal, resulta preocupante que la Corte entienda que “el objeto de este pleito no se vincula con la prevención de un eventual perjuicio que pudiera causarse al ambiente o con la reparación de un daño producido a aquel bien colectivo…”.

La protección de este recurso escaso sin duda alguna depende en gran medida de la definición de las áreas prioritarias en las cuales debería iniciarse de inmediato el Inventario Nacional de Glaciares, ya que allí se encuentran en ejecución actividades prohibidas como la minería que deberían ser sometidas a las auditorias que exige la ley para dichas actividades.

Asimismo, la Corte ha rechazado la presentación de la Fundación Ciudadanos Independientes (FUCI), una ONG sanjuanina que solicitó ser tercero en la causa. En este sentido resulta sorprendente el criterio restrictivo utilizado si se tiene en cuenta el criterio amplio sostenido por el máximo tribunal en materia de legitimación e intervención mediante esta figura en causas como lo es Mendoza (causa Riachuelo).

En efecto, recordemos que en el caso “Mendoza” la Corte supo comprender que en procesos de interés público -como lo son estas tres causas- el objeto del litigio es un bien jurídico de naturaleza colectiva que pone al tercero en la misma posición que los propios actores, porque ellos son tan titulares del mismo como los que forman parte del proceso en calidad de actores.

De todas formas y más allá de estas decisiones, desde FARN seguiremos insistiendo en que la preservación de los glaciares conlleva necesariamente la defensa del derecho a gozar de un ambiente sano, lo cual hemos reclamado junto con otras organizaciones en otras causas en trámite en la Corte, las que aún esperan su tratamiento. Aún así, valoramos y destacamos que el Máximo Tribunal de nuestro país tome intervención en esta causa, ya que la protección de los glaciares y el ambiente periglacial resulta de vital importancia para las actuales y próximas generaciones.

MÁS INFORMACIÓN
13 de mayo de 2011 – Organizaciones solicitan a la Corte Suprema el inmediato cese de actividades de Pascua Lama

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