EL DERECHO DE DEFENSA, EL DERECHO A LA IGUALDAD Y EL DEBIDO PROCESO, FRENTE A LA LIMITACIÓN EN LA PROCEDENCIA DE LOS ALEGATOS DE CONCLUSIÓN EN EL PROCESO SANCIONATORIO AMBIENTAL.

Abstract

The study of the environmental sanctioning procedure in Colombia is of particular importance given that it is the procedural tool through which not only constitutional protection of natural resources and the environment in general is achieved, but also through it, control over all activities related to the exploitation of natural resources and the subsequent sanctioning of individuals who violate environmental regulations, which regulate the care and promotion of the environment as a fundamental human right is possible. In this sense, the study of the environmental sanctioning procedure, as an expression of the State's sanctioning power in this matter, entails a special analysis. As the mechanism through which the alleged offender is sanctioned, respect for the procedural guarantees embedded in the administrative procedure must be considered of utmost importance, taking into account the limits of the sanctioning power and respect for and guarantee of the rights to due process, equality, and defense, among others. Under this understanding, a critical analysis of the scope of the recent reforms introduced by Law 2387 of 2024 and Law 1333 of 2009, which regulate the environmental sanctioning procedure, is required, particularly with regard to the conditional inclusion of the closing arguments stage, as a crucial aspect in guaranteeing rights such as due process. Thus, it is proposed to analyze whether the restricted inclusion of this procedural stage generates legal uncertainty for both the governed and the environmental authorities, to the extent that its admissibility depends on a prior circumstance (the taking of evidence) and not on the structural need to guarantee the right to be heard before a sanction is imposed. "This situation may give rise to diverse interpretations among environmental authorities, which could generate inequalities in the application of the regulations." From a doctrinal perspective, this research represents a contribution to the study of administrative sanctioning law in the environmental context, based on a relatively new regulation, on which little has been written (Law 2387 of 2024), where collective interests and individual guarantees converge in constant tension. By delimiting the legal implications of this reform, useful criteria are provided for the constitutional and legal interpretation of the environmental sanctioning procedure, which may influence the development of future legislative reforms or jurisprudential guidelines, in addition to its contribution to the protection of the rights of citizens facing environmental sanctioning procedures, without neglecting the legitimate purposes of the State in matters of sustainability and environmental preservation, and without in any way ignoring the grounds of the environmental sanctioning process.