Ontological turn and environmental damage:

some procedural implications

Abstract

This article argues that the action for environmental damage in Chilean legislation reflects a fundamentally ecological character, as the harm directly affects the environment as a protected legal good rather than individual

interests. Drawing on the framework of the “ontological turn”, it offers a more precise conceptual account of environmental damage and its implications. Acceptance of this perspective would entail significant procedural consequences, particularly regarding the jurisdiction of environmental courts, the requirements of standing, and the role of third-party participation in such proceedings.