Abstract

ACEVEDO MAGALI, Jesús María. The theory of environmental violation in Colombia from the criminal law point of view. Justicia Juris [online]. 2013, vol.9, n.2, pp.98-107. ISSN 1692-8571.

In modern legislation, it is understood that the environment is a right to which all people must have access and the public Administration has to guard over his protection, monitoring, correcting and sanctioning the activities or to the causative individuals of environmental damages. It is necessary to highlight that this labor would be ineffective if one does not possess the active participation of the citizenship. In addition, the inefficient or irresponsible participation of the Administration in the social and economic activity by means of the provision of public services can affect and cause damage on the natural resources and on the environment in general. In this article, it is shown the environmental right latecomer has met in the efficient design of a juridical methodology for the determination of environmental responsibility and of the commission of the infraction that comes to be the vertebral column of the motivation of the administrative act, by what there becomes important the determination of a structure of the infraction in environmental matter that allows the administration not to commit injustices, and does not allow the administered ones to transgress the collective rights.

Keywords : Environment; theory of the crime; environmental infraction; sanction; administrative act; environmental authorities.

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