Abstract

Prior to the drafting of a new Constitution, and in the context of the current discussion of two bills (on biodiversity and climate change) about whether or not to expressly recognize the principle of non-regression in environmental matters, this work seeks to determine, the state of development in relation to the recognition of this principle at an international and comparative level. The formulas for its recognition, the main contributions of doctrine and jurisprudence in terms of its content, scope and limits will be reviewed. Two versions of the principle are evidenced and characterized, in terms of the requirements that make it appropriate; but where both require a special motivation for the decision, where science must be able to show that the apparent regression does not imply a significant weakening of environmental protection. In addition, with respect to Chile, grounds are given for its recognition, cases that could be classified as “regressive” are reviewed and the versions that the two commented bills consider at the outset are compared.