Legal analysis of the tort civil liability for environmental damage by the production of bricks in Jauja, Junín

Abstract

This research work has been motivated by activity handmade brick that produces impacts on the rural ecosystem of the ecosystem of the district of Huertas, province of Jauja, Junín department. The environmental damage of such activity constitutes infringement of a set of fundamental rights (health, life, freedom, etc.), generating thus a patrimonial damage and non-equity, collective, since we consider of utmost importance make an analysis on the regulation of non-contractual civil liability for environmental damage resulting from such activity. So that could get documentary information allowing to see the gravity which was the town of Huertas, since the pollution generated by bricks caused not only perjudice the heatlh of residents, but these were exposed to assume a possible liability for the polluting activity. Then, you could analyze the possibility of regulation of the matter in tort by reference to the principles of precaution and prevention, only in the field of environmental law, since these back to a better normative regulation against loopholes concerning attribution factors, causal link and responsable subjects. A conclusion can be determined that the phenomenon of pollution is an issue of utmost importance in the context of local, national and international.