TRANSVERSALITY OF ENVIRONMENTAL LAW AND CRIMINALIZATION OF SOCIAL PROTESTS

• Autor: Diana Milagros Dueñas Roque
• Formato: artículo
• Fecha de Publicación: 2020
• Institución: Universidad Nacional del Altiplano
• Repositorio: Revista UNAP - Revista de Derecho
• Lenguaje: español
• OAI Identifier: oai:oai:revistas.unap.edu.pe/rd:article/66
• Enlace del recurso: http://revistas.unap.edu.pe/rd/index.php/rd/article/view/66
• Nivel de acceso: acceso abierto

The transversality of environmental law as a foundation against the criminalization of social protests, means that environmental law as a human right is characterized by its transversality, that is, that its values and principles radiate throughout our national legal system with the purpose of That man, as the supreme goal of society and the State, achieves and enjoys his fundamental right to sustainable development to meet his basic needs, therefore, it is a right for him to protect every citizen -when he is at risk or was violated-, through social protest, understood as constitutional law, when the government does not respond to its claims. The intersection between the transversality of environmental law and the criminalization of social protests is a complex context to address it because its causes lie not only in neoliberalism and the imposition of economic projects but also in the ways that the government adopts to solve social protests. Social protest should not be criminalized, since it is legitimate and constitutes a mechanism to protect various constitutional rights, such as environmental law.