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Title:
Manuel Zubizarreta vs the environment in Mariano Roque Alonso
Party:
Paraguay
Region:
Latin America and the Caribbean
Type of document:
National - higher court
Date of text:
July 26, 2004
Data source:
InforMEA
Court name:
Supreme Court
Seat of court:
Asunción
Justice(s):
A. B. Pucheta de Correa, W. Rienzi Galeano, J. Altamirano Aquino
Reference number:
No. 1052
ECOLEX subject(s):
Environment gen.
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.