Citas bibligráficas
Caballero, D., Leon, C. (2023). La aplicación del principio precautorio y su influencia en la legislación ambiental peruana, entre los años 2015-2021 [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/34389
Caballero, D., Leon, C. La aplicación del principio precautorio y su influencia en la legislación ambiental peruana, entre los años 2015-2021 [Tesis]. PE: Universidad Privada del Norte; 2023. https://hdl.handle.net/11537/34389
@misc{renati/427666,
title = "La aplicación del principio precautorio y su influencia en la legislación ambiental peruana, entre los años 2015-2021",
author = "Leon Arriola, Claudia Mireya",
publisher = "Universidad Privada del Norte",
year = "2023"
}
In this research work, an analysis was made of Peruvian environmental regulations and their effectiveness with respect to facts that generate environmental damage, in order to understand the context in which we find ourselves where environmental problems or damages are constant, also, the application of the precautionary principle was analyzed in environmental administrative resolutions and sentences of the Constitutional Court on damage to the environment and health. The precautionary principle is considered a relevant principle to prevent environmental damages, because its application occurs before the occurrence of facts that involve direct actions to the environment by other economic activity, and it would even be applied before the prevention principle. However, for various reasons, damage can also be caused, and that is when the public agency in charge of environmental control intervenes. In this sense, the purpose of this paper is to determine the precautionary principle of Peruvian environmental legislation and its application in administrative resolutions within the period 2015 to 2020. For the present work, the environmental regulations, jurisprudences and national doctrines that contribute to the support of the impact of the application of the precautionary principle were delimited as population, likewise, the comparative environmental doctrine of Argentina, Costa Rica, Mexico and Colombia was analyzed, with the purpose of evidencing the environmental reality and the interaction with this principle. The present thesis has a qualitative-descriptive approach, due to the fact that, for the analysis, we proceeded to the collection of information from various publications of relevance to the subject, administrative resolutions with reference to regulations of the Peruvian context and we sought to make an understanding of the international normative bodies that have as an object the protection of the environment, through the application of the precautionary principle. The conclusion obtained from this research work deals with the deficit of the relationship of the Peruvian environmental legislation on the application of the precautionary principle in the Peruvian reality, and how in spite of having a regulation, its ambiguity does not allow the establishment of assertive measures to prevent harmful damages that are generated to the detriment of the environment and the Peruvian population.
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