Spanish
The Peruvian Constitutional Tribunal is asked by the plaintiff to order the immediate dismantling of its communication antenna in the communal centre located next to the residential complex los Pinos.
The plaintiffs claimed that this antenna and its related equipment installed by the society NEXTEL DEL PERU S.A. violates their rights to a healthy, proper and peaceful environment which is a constitutional right.
NEXTEL DEL PERU defended itself by pointing out that it has all the permits and authorisations required and that the level waves radiations emitted by its antenna complies with the regulation.
The court considered that the dismantlement of the antenna was not necessary to protect the right to a healthy, proper and peaceful environment because it is in line with the existing regulations. The court recognised the importance of the precautionary principle as requested by the plaintiffs, but also pointed out that the precautionary principle was already applied within the legal framework applicable to antennas in urban areas and therefore dismantlement is not necessary.