Fabio, in some Latin American nations, for a citizen to gain "standing" in court proceedings on environment issues, he/she must show a personal stake in the case's outcome -- that he/she has suffered or may suffer "harm" because of an environmental condition. In Brazil, "standing" is broader and basically any interested citizen can file a suit, but NGOs cannot on behalf of "the public interest" (NGOs can, however, petition the Public Ministry to intervene on behalf of the public interest, but that is another issue altogether). In the US, some federal statutes give broad access to both individuals and NGOs, but where specific mention is lacking in a statute, the court is free to limit standing to those personally affected.
What is the case currently in the DR? Is there any provision in Law 64-00 or the revised Penal Code on this? Would the bill now in Congress proposing the creation of a special environment court change this in any way?
What is the case currently in the DR? Is there any provision in Law 64-00 or the revised Penal Code on this? Would the bill now in Congress proposing the creation of a special environment court change this in any way?