Legal configuration of Wetlands in the ordinary jurisprudence of the Supreme Court: An analysis through the protection recourse (2018-2022) and the impact generated by the stay order on the execution of real estate projects.
The ecosystemic importance of wetlands has had a significant increase in the Chilean legal system. Law 21.202, is a clear manifestation of previous, for its part can not be unknown that since 2018, the Supreme Court through the action of protection has recognized in a sustained manner the importance that these lake bodies lend to the ecosystem; establishing that they are a fundamental pillar for the conservation of biodiversity, thereby limiting the attributes of the property and suspending the execution of real estate projects. The purpose of this article is to describe and analyze the legal protection of wetlands through the protection resource. The dogmatic and jurisprudential method was used. The judgments issued by the Supreme Court of Chile in the period from 2018 to 2022, which are related to the protection of wetlands, were collected and selected. The time period addressed is due to the fact that the landmark judgment in this regard is from the year 2018. Excluded from the analysis are those sentences that resolve cassation appeals and sentences issued by the Environmental Courts. With the above, the total of the sample comprises 7 sentences. A pending challenge is the need to integrate environmental norms to urban planning norms and vice versa.
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| Format: | Digital revista |
| Language: | spa |
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Centro de Derecho Ambiental, Facultad de Derecho, Universidad de Chile
2024
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| Online Access: | https://revistaderechoambiental.uchile.cl/index.php/RDA/article/view/72647 |
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