Article 50 of the Political Constitution as a Human Right and its relation to civil liability for environmental damage.

Abstract

Through this article, it is intended to analyze how the human being has historically made use of natural resources without visualizing the secondary effects for future generations, reaching the point where the global effects have been so notorious that the International Community had to recognize the environmental damages in order to face the negative effects on health and the community, both in the public and private sectors, in a universal manner. In the case of Costa Rica, environmental recognition was embodied in article 50 of the Political Constitution, as a third generation Human Right, and its application in the defense of nature has had a notorious development with civil liability, by implementing the principle of solidarity, inversion of the burden of proof and the precautionary and preventive principle, in order to safeguard and protect the collective interest of the right to a healthy and ecologically balanced environment, present in the Organic Law of the Environment 7554 of October 4, 1995.