LABOR MINERA Y PROTECCIÓN DEL MEDIO AMBIENTE: CRITERIOS PARA UNA REDEFINICIÓN

Abstract

This paper after displaying various views, proposes a definition of mining work that is associated with its implementation in areas under official protection. Unless an express statement of the Ministry of Mines of Chile, there is no light as to what is meant by those tasks in our legislation. The Courts have only outlined some ideas about the meaning and scope of this concept. Thus, it is an issue that has not been settled in the legal system. Not being defined the concept of mining work, the legislation is not specific to consolidate faculties domain mining concessionaire regulated by sectoral rules, the State's duty is to protect nature and conserve the environmental heritage, also established in our Constitution. This virtual conflict must be solved by law not to destroy those sensitive sites unnecessarily.