📋 Tender Overview
Judgment declares unconstitutional state and makes the Court guarantor of the right to the environment in the Amazon.The Specialized Civil and Related Chamber of the Superior Court of Justice of Ucayali decided to declare in part a demand for amparo filed by the citizen Raul Lunasco Cabezas against various entities of the State, and ordered the adoption of urgent actions to face the serious pollution that affects the Yarinacocha lagoon.
The collegiate, composed of magistrates Tullio Bermeo Touchi, Ovidio Medina Navarro and Jorge Chipana Diaz, issued a failure of great relevance in the field of environmental law, by declaring the existence of an unconstitutional state of things regarding the situation of this ecosystem. This declaration extends the effects of the sentence in favor of the entire population of Ucayali, in recognition of the right to enjoy a balanced and appropriate environment to the development of life, drinking water and health.
He ordered the Regional Government of Ucayali, the municipalities of Coronel Portillo and Yarinacocha, the Amazon Hospital, the Ministry of Environment, the Ministry of Housing, Construction and Sanitation and the Presidency of the Council of Ministers, which within a maximum period of three months present a work plan with defined times, as well as a report of advances on the measures adopted for the recovery of the lagoon. The fulfillment of these provisions will be supervised by the judge of the process, who is empowered to apply constraint measures in case of non -compliance.
The case is based on technical reports and evidence on the presence of contaminants such as fecal coliforms, Escherichia coli and Salmonella, which have seriously deteriorated the quality of the water of the lagoon, preventing their recreational, tourist and fishing use. The situation has been aggravated by wastewater discharge, the lack of solid waste treatment, the lack of basic services in the surroundings and the increase in infectious diseases that affect vulnerable communities.
Although the Chamber declared unfounded the claim that he requested to recognize the Yarinacocha lagoon and its tributaries as subjects of law, he reaffirmed the obligation of the state to protect this vital ecosystem, deeply linked to the cultural, spiritual and economic life of native peoples such as Shipibo-Konibo and Shetebo.
With this ruling, the commitment of the Civil Chamber and related to the defense of fundamental rights and the protection of the natural environment is reaffirmed, with a relevant precedent in the national jurisprudence in environmental justice.
