Abstract

ANGLES HERNANDEZ, Marisol. Environmental Class Actions, Failures of Origin. Bol. Mex. Der. Comp. [online]. 2015, vol.48, n.144, pp.899-929. ISSN 2448-4873.

Guaranteeing the right to a healthy environment has evolved from international human rights law to the national constitutions; however, before the failure of this protection, have been developed class actions to defend collective and diffuse interests and remedy of environmental damage. However, in Mexico this defense mechanisms have several short-comings since its construction, what it does difficult the real access to justice. In this regard, we analyze issues related to the legitimacy of associations representing collective and diffuse interests, as well as to the prescription; in the first case is required a number of at least thirty people; while in the second, the term is three years six months; requirements that violate the principle of progressivity, which could result in the denial of environmental justice. Finally, we estimate that while not considered the essential characteristics of environmental law, and instead of it are driven compensation mechanisms, which are not aimed at achieving repair environmental damage, the right to environmental justice will remain an illusion.

Keywords : Access to Justice; Environmental Class Actions; Environmental Responsibility.