Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Manuel Zubizarreta vs the environment in Mariano Roque Alonso

Country/Territory
Paraguay
Type of court
National - higher court
Date
Jul 26, 2004
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Asunción
Judge
A. B. Pucheta de Correa, W. Rienzi Galeano, J. Altamirano Aquino
Reference number
No. 1052
Language
Spanish
Subject
Environment gen.
Keyword
Agricultural development Agriculture and environment Agricultural commodities Management/conservation Agricultural land Resource/damage valuation
Abstract

The Supreme Court of Paraguay is asked to review the previous judgment of Court of Appeal which fined and sentenced to two years in prison for crimes against the environment the applicant.

The other party in the process argues that the conditions and industrial activities of the poultry farm “El Cortijo S.R.L” damaging both human life and the environment, as is destroying the ecologic system and is contaminating the drain. The demand is totally documented by clear evidences, where is detailed wrong location of hen droppings and its subsequent proliferation of flies capable of spread to the nearby town contagious infectious diseases, which may lead also to a public health damage.  

The Article 1 of law 294/94 on environmental impact evaluation establishes the obliged submission to this law to those activities susceptible to cause environmental impacts. For the Court it is clear that the applicant did not follow this principle.

The Court did not accept the arguments of the applicant and confirmed the previous judgments.

Full text
2004 N1052.pdf