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Jose Ramon Gabriaguez and others vs/ resolution N546/04 of the date 25.08.04 taken by the secretary on environment

Country/Territory
Paraguay
Type of court
National - higher court
Date
Mar 8, 2006
Source
UNEP, InforMEA
Court name
Tribunal of Auditors
Seat of court
Asunción
Judge
J. F. RECALDE B., V. J. CARDENAS I., A. S. GRASSI
Reference number
No. 10
Language
Spanish
Subject
Environment gen.
Abstract

The Court of Auditors is asked to declare the invalidity of Resolution 546/04 of 25/VII/04 emitted by the Secretariat of Environment. The resolution sanctioned the petitioners with a fine because they were running a factory of bricks without having a previous Environmental License to perform these types of activities.

The plaintiffs argue that the resolution does not contain any argumentation or explanation about the cause of the fine. Therefore, they claim that the act is not motivated and completely irrational. They also argue that the resolution does not explain how their activity affects the environment. Furthermore, the resolution does not contain the formulae that the authority used to calculate the fine. Finally, they argue that, during the process, they were not assisted at any time by a defending counsel.

The court does not accept the request and confirms the resolution. The judgement establishes that the resolution was motivated by an inspection in which the Secretariat of Environment verified that the activity was functioning with no Environmental License. In accordance with the environmental legislation this types of activities must have a previous Environmental License and, consequently, it is adequate to sanction the plaintiffs with the imposed fine.

Full text
2004 N546.pdf