This has led to the presentation of an Amicus Curiae prepared by Shin Imai, a member of the Justice and Corporate Responsibility Project at Osgoode Hall Law School, York University, a prestigious University of Canada.
The aforementioned appeal was recently presented before the Constitutional Court, in the constitutional process of protection against the Conga Project, by the Grufides association.
The amicus curiae or friend of the court is a Latin expression that refers to presentations made by third parties unrelated to a litigation, who voluntarily offer their opinion on an issue to collaborate with the court.
The information provided may consist of a brief with a legal opinion, a testimony or a report on the matter of the case. The decision on the admissibility of an amicus curiae is left to the discretion of the court.
The Constitutional Court has indicated that the compatibility between "economic production and the right to a balanced and adequate environment for the development of life" is materialized based on constitutional principles, among which the principle of sustainable or sustainable development stands out.
This principle is the basis for human management to be able to generate a higher quality and living conditions for the current population "but maintaining the potential of the environment to satisfy the needs and life aspirations of future generations."
Therefore, “it advocates that the use of environmental goods for consumption is not“ financed ”by incurring social“ debts ”for the future,” emphasizes the lawyer Juan Carlos Ruiz Molleda who wrote an article explaining the implications of the amicus curiae.
It also highlights other principles such as conservation, prevention and precautionary. The latter implies adopting precautionary and reserved measures when there is scientific uncertainty and indications of threat regarding the real dimension of the effects of human activities on the environment.
For the highest court, the validity of the principles of sustainability and precaution allow compatibility between the environment and mining.
"It will be enough to demonstrate that the economic activity violates some of these principles in an objective, inadmissible and intolerable manner for it to become unconstitutional," warns Ruiz Molleda.
Access the text of the amicus curiae by clicking on the following link: