THE ENVIRONMENT

IN THE CONSTITUTION

INTEGRAL:

·         Jonathan Almeida

·         Estefano Gonzalez

·         Alejandro Herrera

·         Tania Moreira

·         Cristian Quito

Section second Del environment

Ø     Art. 86. - the State will protect the population’s right to live in a healthy and ecologically balanced environment that guarantees a sustainable development. It will veil so that this right is not affected and it will guarantee the preservation of the nature.

  They are declared affected with a public interest and they will be regulated according to the law:

—  1.  The preservation of the environment, the conservation of the ecosystems, the biodiversity and the integrity of the domestic genetic patrimony.

—  2. The prevention of the environmental contamination, the recovery of the degraded natural spaces, the sustainable handling of the natural resources and the requirements that will complete the public and private activities for these ends.

—  3. The establishment of a national system of protected natural areas that guarantees the conservation of the biodiversity and the maintenance of the ecological services, of conformity with the agreements and international treaties.

Ø  Art. 87. - The law tipificará the infractions and it will determine the procedures to establish administrative, civil and penal responsibilities that correspond natural or juridical, national or foreign people, for the acts or defaults against the protection norms to the environment.

Ø  Art. 88. - All state decision that can affect to the environment, will have the approaches of the community previously, for that which this will be properly informed. The law will guarantee its participation.

Ø  Art. 89. - the State will take measures guided to the attainment of the following objectives:

—  1. To promote in the public sector and private the use of technologies environmentally clean and of energy alternative non pollutants.

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Without prejudice to the rights of those directly affected, any natural or legal person, or group of people, it may take action under the law for the protection of the environment.