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Alciabiades Lezme Lesme and others

Country/Territory
Paraguay
Type of court
National - higher court
Date
Oct 5, 2005
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Asunción
Judge
W. Rienzi Galeano, A. Pucheta de Correa, S. Blanco
Reference number
No. 875
Language
Spanish
Subject
Environment gen.
Keyword
Resource/damage valuation
Abstract

The Supreme Court of Paraguay is asked to review the previous judgment of the High Court of Alto Paraná.

The applicant was condemned for logging and burning great number of trees and calls for repeal the judgment, alleging both procedural and material defects. The applicant argues that the complainant was not legitimate to initiate legal actions for environmental crimes if is not a direct victim.

The other party claimed that there is not only damage to the ecology but that damage continues to exist, and requested confirmation of the previous statement. He alleged that the plaintiff is not legitimate to initiate the process, as the crimes against the environment are public and its consequences have effects on society and not only against a direct victim.      

The Court ruled against the applicant, and confirmed the previous judgment, making a plea for the environment and stressed the importance of this the legal regulation of the environment for society as a whole.

Full text
2005 N875.pdf