La reparación del daño al medio ambiente a través del convenio entre las partes. El caso PROFEPA en contra del Residencial Balvanera, S.A. de C.V.
This paper analyzes the judgement of February 12th, 2017, issued by the First District Judge of Amparo and Federal Trials in the State of Querétaro, regarding the legal action related to the environmental responsibility of Residencial Balvanera, in which the parties entered into a settlement agreeme...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8903640 |
| Source: | IUS : revista del Instituto de Ciencias Jurídicas de Puebla, ISSN 1870-2147, null 16, Nº. 49, 2022, pags. 109-130 |
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| Summary: |
This paper analyzes the judgement of February 12th, 2017, issued by the First District Judge of Amparo and Federal Trials in the State of Querétaro, regarding the legal action related to the environmental responsibility of Residencial Balvanera, in which the parties entered into a settlement agreement. Terminating an environmental litigation through a convention is in accordance with the provisions of the Federal Law on Environmental Responsibility (in force as of 2013), which expressly authorizes alternative means of conflict resolution. In this work we underline the benefits obtained by self-composition resolving environmental disputes that require an urgent solution, since the damage in question advances quickly in time and space. Access to environmental justice requires paths in accordance with the emergency that is faced when damage to the environment is caused; therefore, when it is pertinent, alternative justice can mean an ideal mechanism if it does not lose sight of its main objective: to effectively achieve the reparation of the damage. |
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