La tutela jurídico-privada del derecho o interés legítimo a un medio ambiente adecuadoSignificado y alcance del artículo 45.1 de la Constitución Española

Abstract

In the face of environmental agressions, the private-legal system and the civil courts have been applying legal figures such as the abuse of the right (art. 7.2 CC), the injunction (590 CC) or the action of civil liability (1902 or 1908 CC), leaving the actions related to environmental liability referred to the field of the Law 26/2007, of October 23, on Environmental Liability, of clear administrativist cut. However, there is a kind of tertium genus in the damage to the elements of the near environment, because of it has a direct relationship with the quality of life of people. In these cases, although the defense of those affected is still complicated from the point of view of the civil order, there are arguments that make possible their consideration as a subjective right of the personality, as a side to the right to health, or more rigthly as a legitimate supra-individual diffuse interest, of individual or collective initiative.