Class actions and access to environmental justice: for a mass procedural law in Peru

Abstract

The author points out that the national legal system does not guarantee the protection of supra-individual rights that have arisen in recent decades, because they are rights that require new procedural rules and the current legal system only contemplates rules of the individual law. He argues that access to environmental civil justice is not being guaranteed, since the Code of Civil Procedure (CPC) does not indicate which procedural institute should be used for the defense of diffuse interests. It postulates that it is necessary to regulate the institute of collective actions to attend and give solutions to the modern conflicts that have been taking place in our country and that are not being attended to in an adequate manner.