Environmental Law in Peru
Environmental law in our country is a developing legal branch, however, it is regulated in our current Constitution, having as a history the repealed Constitution of 1979. Many of the countries in the world to the posterity of World War II adopted as a recent legal good everything related to the environment.
For Guillermo Figallo, who cites Pérez Luño,., In its definition of the environment it tells us: “The environmental expression has a multi -sense sense.”This is how we talk about physical, or natural atmosphere, composed of the biosphere, which is equivalent to the set of natural resources (elements and processes) and the ecosystems product of the interaction of living beings and the environment.”(Figallo, S.F.).
Peru being a country with an exuberant natural wealth, due to the varied of its flora and fauna and a varied diversity of ecosystems that houses mineral wealth, our homeland is for the exploiting companies of them a paradise since they can extract through concessionsminers winning gains and mining royalties to Peru;So also because it is a country that has all those natural wonders we have a regulation within the constitutional body.
In article 2 inc. 22 of the Constitution of 93, establishes that the right to every person ‘to enjoy a balanced and appropriate environment to the development of their life’, thus assuming that the environment understood as a system enjoys a complexity of those who integrate it and thetheir functionality for its preservation, seeking to essentially protect the basic conditions for the integral development of the human being as a species and starting from this criterion the conservation of the other species that integrate the environment.
In relation to the protection of the environment, we have as a history the one described in article 123 of the 1979 Constitution “the right of all Peruvians to inhabit a healthy environment” and the preponderant function that the State fulfills, whose obligation is to preventand control environmental pollution.
In the Constitution of 93, as in that of 79, the conservation of the environment and natural resources are regulated with the economic regime, we can appreciate in the articles:
- Art. 66. – “Renewable and non -renewable natural resources are Nation’s Heritage. The State is sovereign in its use.”By Organic Law, the conditions of its use and their granting to individuals are set. The concession grants its holder a real right, subject to said legal norm ”.
As we can see in relation to the principles of environmental law, sovereignty is evoking determining the State, to which they can use them from the perspective of sustainable exploitation and subject to the legislative norms proposed for that purpose.
- Art. 67 °. – The State determines the National Environment Policy. Promotes sustainable use of natural resources.
- Art. 68. – The State is obliged to promote the conservation of biological diversity and protected natural areas.
- Art. 69 °. – The State promotes the sustainable development of the Amazon with adequate legislation
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As we can see in these three articles, the sustainability principle is evoked, the sustained use of natural resources is promoted by the State. In this sense, the Peruvian State does not impose, does not provide a sense of guarantee of sustained and rational use only promotes it. From my opinion I consider that the action of the State cannot only promote the exploitation of resources, since many times this affects the ecosystem of many parts where such an activity is carried out and on the contrary I believe that a huge emptiness is left in thewhich corresponds to the commitment of the State and its officials by omission to the protection of our life environment.
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