TEST DE PONDERACIÓN ENTRE LA PROTECCIÓN DE LOS ARRECIFES CORALINOS Y EL TRABAJO PESQUERO

Abstract

This research article develops the issue of weighing the right to a healthy environment, specifically in relation to the protection of coral reefs and, on the other hand, the right to work of the people who carry out fishing activities. This issue is approached taking into account that one of the main problems in coral reefs is overfishing, although at one time this activity was unlimited, over the years it had to be regulated considering that natural resources were not renewable, and it was generating the loss of these corals that are the basis for the existence of marine animals. Through Robert Alexy's weighting, the conclusion was sought as to which right could prevail more, the protection of coral reefs or the right to work. Once the weighting of Robert Alexy was carried out, it was determined that the right to a healthy environment prevails over the right to work, considering that the former cannot be recovered from the latter, that although people depend on fishing activities, they can look for work alternatives to be able to subsist in order to have an adequate vital minimum for their lifestyle, a situation that does not occur with respect to coral reefs.