LA 'MANIFESTACION EVIDENTE DEL DANO AMBIENTAL' COMO REQUISITO DE LA ACCION CIVIL INDEMNIZATORIA POR DANO AMBIENTAL

The purpose of this paper is to analyze one of the budgets of the compensation action for environmental damage contemplated in Article 63 of Law 19,300: evident manifestation of environmental damage; aspect that presents difficulties at the level of interpretation of extralegal categories such as those represented in the phrase "evident manifestation" used in the legal text. This causes the need to analyze to what extent that factual representation called 'manifestation of environmental damage' can constitute a limitation when deciding a litigation in which the existence of the same is discussed. Subsequent legal modifications (law 20,600, for example, created by environmental tribunals) do not start the understanding of the concepts we propose in this work. Moreover, we argue that the evident manifestation requirement is not with respect to the action for environmental damage that is regulated by Law 20,600, but rather to the civil action for compensation of the damage that is still unharmed by Law 19,300. In fact, the modifications introduced to the procedure in the first law cited do not prevent the present analysis.