Las acciones ambientales en el derecho argentino. Amparo ambiental y acción popular

Abstract

Environmental actions are aimed at both environment reconstitution and damage recovery. There are different ones through which attempts have been made to gain access to justice for the purposes of the “tutela” (protection) of the right to a healthy environment according to the provisions of the National Constitution in its article 14, that lend themselves to different interpretations and misinterpretations.

The Argentinian constituent has anticipated a collective action in the face of a collective incidence right to all the holders of the same. And the legislator, at the time of regulating the constitutional prescription, legitimates nobody other than the holder of the right to exercise an action, because this would be a people’s action, and this figure does not exists in Argentina.