Fundamental rights of legal persons. Entitlement to the right to live in an unpolluted environment?

Authors

  • Jorge Ossandón Rosales Centro de Derecho Ambiental, Universidad de Chile

Abstract

This paper have the propose to give some topics for the recognizing the fundamental right to live an unpolluted environment to legal persons incorporated in article 9 of the Constitution of Chile. And also give us some approach in how the Courts has been decided about the entitlement and the criteria of our tribunals to recognizing that entitlement to a private law corporation dedicated to environmental matters, in protection action. The main argument of the entitlement is the public interest by which certain legal persons are justified, the object and the proposes of their creation. The review of some decisions of the Supreme Court is essential to proof and argue the thesis.

Keywords:

Entitlement of legal persons, Environmental jurisprudence, Environmental law, protection action