Abstract
This article critically examines the impact of illegal and informal mining in Peru and its relationship with the violation of fundamental rights, with particular emphasis on the rights to health, a healthy environment, and effective judicial protection. It also examines the regulatory evolution of the formalization process for artisanal and small-scale mining (ASM), placing special emphasis on the resounding failure of these laws and the perverse effects of the continuous extension of REINFO (Comprehensive Registry of Mining Formalization), particularly with regard to the expansion of ilegalmining and the promotion of impunity. The paper also explores the environmental, social, and criminal consequences of these activities—such as mercury pollution, deforestation, human trafficking, and money laundering— as well as the regulatory gaps and institutional shortcomings that impede effective control. The study concludes that state policy on mining formalization requires a comprehensive redesign with peremptory deadlines, strict environmental standards, and effective oversight mechanisms, in order to guarantee compatibility between economic development and the protection of fundamental rights within Peru’s constitutional framework.
Recommended Citation
Carla Mares Ruíz, Illegal and Informal Mining and the Violation of Fundamental Rights: The Peruvian Case, 1 Latin Am. & Carib. L. Rev. (2026), https://ecollections.law.fiu.edu/latinamericancaribbeanlawreview/vol1/iss1/8.
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