Abstract

ARCILA SALAZAR, Beatriz  and  CASTELLANOS, Juan Camilo. APPROACH TO THE SUPPORTING ASPECTS OF ENVIRONMENTAL PUNITIVE PROCEDURES. Prolegómenos [online]. 2015, vol.18, n.35, pp.49-65. ISSN 0121-182X.  https://doi.org/10.18359/dere.799.

The environmental punitive process is characterized by its particular structure in which there is not a third person who takes an impartial decision; instead, it is the administration itself the one that exerts control and subsequently assumes a corrective function which empowers it for investigating and penalizing the offenders of environmental norms. This demands the existence of some procedural elements that must be obeyed in order to avoid the violation of fundamental guarantees. Therefore, the objective of this article is to analyze the way in which the 1333/2009 law regulates the administration of the proof in terms of its resolution, practice and valuation, in accordance with the principles of the proper supporting process; for this to happen, a qualitative methodology with a theoretical-analytical focusing has to be applied, concluding that law devotes many privileges in favor of environmental authority, privileges that compromise the right of defense of the presumed offenders.

Keywords : Environment; punitive process; supporting law; proper process.

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