Abstract

CRUZ SANCHEZ, Emilio  and  DELGADO RIVERA, Carlos Eduardo. The sierra tarahumara, a case about envariomental justice. Bol. Mex. Der. Comp. [online]. 2018, vol.51, n.151, pp.85-106. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2018.151.12290.

In contemporary States, it is necessary to ensure that society has the right legal tools to be involved in the care of natural resources. In Mexico, the “denuncia popular” (popular denunciation) is the legal figure to do so. Therefore, the purpose of this article is to determine if it “popular denunciation” is an effective tool to involve the civil society in the care of natural resources, by considering that society as a whole can denounce and evidence the crimes committed by individuals, or even the State itself, to the environment. This article is based on information gathered from legal cases litigated before the Commission for Environmental Cooperation (CEC) about three cases related to illegal logging in the Sierra Tarahumara that were denounced by civil society organizations arguing that the Mexican State is not complying its own environmental normativity. The authors reflect that the civil society requirement that the State complies its legal mandates, does not have enough echo, which puts at risk their right to have ahealthy environment. Therefore, the authors offera brief analysis of the actions of the Federal Attorney for Environmental Protection (Profepa) by considering the legal figure of the “po pular denunciation”, in order to present a series of recommendations. In summary, this article reviewshe (in)effectiveness of the “popular denunciation” as a legal tool available to people, to ensure that the State fulfills its responsibility to ensure a healthy environment for the society, as a whole.

Keywords : Regulation; environmental protection; environmental justice.

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