Las nuevas circunstancias del amparo colectivo

Protección del medio ambiente

Abstract

The Supreme´s Court Decision of 20^th of June, 2006 has upheld the original notice of appeal filed by seventeen neighbours of the Matanza- Riachuelo basin against the Federal State, the City of Buenos Aires and forty four private companies operating in the area.

The High  Court  has admitted its  original jurisdiction over the subject of  the prevention, redress and collective compensation as regards  the right of living in a healthy environment according to section  Nº 41  of the National Constitution.

It is necessary to highlight that this paramount decision of the Supreme Court, which has been enforced gradually, but which has not been abandoned by the Court, implies a proof of inescapable public responsibility for the effective achievement of the Social State of Law of the Argentine People, in view of the permanent political powers’ failure in the fulfillment of their concrete constitutional duties.

The Supreme Court`s solution to the Halabi case, has become a leading case which signals the beginning of the consolidation and development of collective processes. The Highest Court has made a steadfast advance in contrast to the silence of Congress, which has been unable to regulate collective processes during fifteen years. The Court has taken the historic cases Siri and Kot as the basis of jurisdiction and in this way; it has honoured the effective enforcement of rights and the idea that wherever there is a violation of rights, there should be a remedy.