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24
Oct

Suplemento La Ley: Tribunales ambientales

El paradigma de desarrollo actual nos enfrenta a una alta discordancia entre lo que nuestro marco jurídico señala y reconoce, en cuanto a Derecho al Ambiente y Desarrollo Sustentable y la realidad. La alta presión sobre los recursos naturales y el crecimiento exponencial de los conflictos socio ambientales y culturales, nos enfrenta con situaciones que necesariamente debemos afrontar. En este contexto, y teniendo en cuenta la historia del Derecho Ambiental, construido sobre una base de alto contenido de movilización social, la información y los saberes científicos, y su impacto en las políticas vinculadas al ambiente y al desarrollo sustentable, nos debatimos diversos interrogantes: ¿Cómo lograr un adecuado abordaje de los conflictos socio ambientales? ¿Debe la Justicia contar con tribunales temáticos en materia ambiental? ¿La clave es fortalecer a la autoridad ejecutiva? ¿Al Ministerio Público Fiscal?

En el presente Suplemento contamos con tres aportes destacados. Por un lado, el artículo deValentina Durán sobre los tribunales chilenos, quien analiza sus características, competencias y tendencias,  y señala como virtud de los mismos que, “su sola existencia y funcionamiento han tendido a elevar notablemente la vara de la fundamentación técnica y legal, de las decisiones administrativas a los particulares titulares de proyectos, en las afirmaciones que realizan en sus estudios y declaraciones de impacto ambiental, y en su comportamiento frente a la fiscalización”.

Por otro lado el Periodista Diego Arguedas Ortiz, en una nota que reproducimos con autorización de Tierramérica, dirigida por IPS Noticias,  comparte la experiencia del tribunal administrativo costarricense, advirtiendo la importancia del mismo para acceder a la justicia ambiental, como así también las dificultades que dicho tribunal enfrenta en materia de recursos económicos y humanos.

Por su parte Gustavo Rinaldi considera la realidad argentina, y pasos que se han dado como la creación de la UFIMA (Unidad Fiscal de Medio Ambiente) y la Oficina de Justicia Ambiental en el ámbito de la Corte Suprema de Justicia de la Nación. Asimismo,la noción que nos trae Cafferatta de Derecho Ambiental Protectorio que busca igualar desigualdades,  y la necesidad de enfatizar aspectos clave, como la situación de los grupos sociales en desventaja y la inmediatez espacial de los tribunales, la producción de la prueba y la formación científica. En este sentido, señala el rol de las universidades públicas como apoyatura técnico científica en la materia.

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