Bases Legales Del Derecho Ambiental En Venezuela

Compliance with the current legal framework is important for the implementation of effective environmental management. Everyone has the right to be protected by the courts in the exercise of constitutional rights and guarantees, including those inherent in the person and not expressly contained in this Constitution or in international human rights instruments. The procedure for Ampa`s constitutional application is oral, public, short, free and non-formal; and the competent judicial authority shall have the power to restore without delay the legal situation or situation which most closely resembles it. All the time will be skilful and the court will prefer it to any other case. The exercise of this right may in no way be affected by the declaration of a state of emergency or the limitation of constitutional guarantees. Everyone has the right to access documents of any kind that contain information whose knowledge is of interest to communities or groups of people. Communication is free and plural and includes the duties and responsibilities established by law. Everyone has the right to timely, truthful and impartial information without censorship in accordance with the principles of this Constitution, as well as to answers and corrections if directly affected by inaccurate or aggravating information. Environmental education is compulsory at the levels and modalities of the education system, as well as in non-formal civic education. It is compulsory in public and private institutions, up to the diversified cycle, the teaching of the Spanish language, the history and geography of Venezuela, as well as the principles of Bolivarian ideology. It is a right and duty of every generation to protect and preserve the environment for its own benefit and that of the world to come. Everyone has the right, individually and collectively, to enjoy a safe, healthy and ecologically balanced life and environment.

The State shall protect the environment, biodiversity, genetic resources, ecological processes, national parks and natural monuments, as well as other areas of special ecological importance. The genome of living things cannot be patented, and the law that refers to bioethical principles will regulate matter. The Constitution of the Bolivarian Republic of Venezuela stipulates that everyone has the right to enjoy, individually and collectively, a safe, healthy and ecologically balanced life and environment. Likewise, it is a fundamental obligation of the State, with the active participation of society, to ensure that the population develops in an environment free of pollution, in which air, water, soil, coasts, climate, ozone layer, living species are specially protected in accordance with the law. All activities likely to harm ecosystems must first be accompanied by environmental and socio-cultural impact studies. The State prevents the import of toxic and dangerous wastes into the country, as well as the production and use of nuclear, chemical and biological weapons. A special law regulates the use, handling, transport and storage of toxic and dangerous substances. In contracts concluded by the Republic with natural or legal persons in the country or abroad, or in permits granted that affect natural resources, the obligation to maintain ecological balance, to allow access and transfer of technology on mutually agreed terms and to restore the environment to its natural state in the event of change applies, even if it is not express under the conditions established by law. Of 29 October 1998, published in Official Gazette No.

36.344 of 28 November 1998, published in Official Gazette No. 4.418 of 27 April 1992. The exercise of avocamiento in cases of manifest injustice, denial of justice, excessive threat to the public and social interest or the need to restore order in a judicial process that it deserves because of its transcendence and importance. Dated 25 January 2010, which publishes the rules of the National Register of Users of Water Sources, published in Official Gazette No. 374.578 of 4 February 2010. Of 8 September 1997, which lays down the rules for the location, construction, protection, operation and maintenance of boreholes for the supply of drinking water. The State shall develop a spatial planning policy that takes into account environmental, geographical, demographic, social, cultural, economic and political realities, in accordance with the premises of sustainable development, which includes information, consultation and citizen participation. An organic law must develop the principles and criteria of this kind. The use by the State of natural resources in indigenous habitats must not compromise their cultural, social and economic integrity and is also subject to prior information and consultation of the respective indigenous communities. The benefits of such exploitation by indigenous peoples shall be governed by this Constitution and the law. On this basis, the «Sanitary Standards for drinking water quality» of 11 February 1998, published in Official Gazette No. 36.395 of 13 February 1998, are published.

FIRST: WITH PLACE the controversial administrative complaints against nullity as well as the anonymous precautionary measure adopted by Bürger Abg. MIRLA MARIELA GARRIDO FORTOUL, registered with the Institute of Social Protection of the Lawyer under no. 193.322, in her capacity as judicial representative of the commercial companies ARENAS DEL CENTRO S.A., initially registered, with the Commercial Register. Dated 11 October 1995, published in the Official Gazette of the Republic of Venezuela No. 5.021 Extraordinary of 18 December 1,995. Repeals Decrees Nos. 2.221, 2.222, 2.223 and 2.224 of 23-04-92, Official Gazette of the Republic of Venezuela No. 4,418 Extraordinary of 27 April 1992.

Dated 12 September 2006, published in the Extraordinary Official Gazette No. 5833 of 22 December 2006. Effect. Political pluralism. Right to freedom of expression.