THE PRECAUTIONARY PRINCIPLE AND THE PREVIOUS ENVIRONMENTAL IMPACT ASSESSMENT: THE POSITION OF THE SUPERIOR COURT OF JUSTICE

Abstract

The precautionary principle is used in situations in which there is no scientific certainty about the safety of an activity or project, as well as the risks and extent of risks which may result from this activity. Therefore, its implementation requires the projects a previous environmental impact assessment. The purpose of this article is to understand how the precautionary principle has been applied in the collegiate decisions of the Superior Court of Justice, specifically when this principle is used as a basis for requiring a previous environmental impact assessment. For this, the judgments of the Supreme Court that deal with this subject were analyzed using the inductive method of approach and the literature review of research techniques and case studies. As a result, it was noted that the application of the precautionary principle held by the Superior Court of Justice has consolidated, especially to reduce the risk of damage, but it still needs improvements to fully achieve the purpose for which it is intended.