Cuando contaminar no cuesta: Desafíos penales en la responsabilidad de personas jurídicas por delitos ambientales

Abstract

The study of environmental pollution is a phenomenon that has gained momentum in recent years, largely because its impact is becoming increasingly noticeable in various spheres of life, such asthe social and economic spheres. However, despite the fact that this is a problem of great social impact, more sectors are showing a lenient attitude toward this critical situation. Therefore, criminal law, asthe discipline responsible for punishing those who break the law, occupies a priority role, asthisissue calls into question legal entities, which, due to their tiesto the extractive economy, are primarily responsible for environmental crimes and ecosystem pollution. This article aims to highlight the findings of a mixed-methods study with an exploratory research design, with the objective of evaluating the effectiveness of the current regulatory framework regarding corporate liability in the face of environmental crimes derived from the extractive economy in preventing, punishing, and repairing environmental damage at the national level over the last decade. This objective was addressed through the analysis of newspaper columns, books, academic articles, theses, and regulatory bodies. Ultimately, the resultsdemonstrate the need for a holistic review of existing regulations on criminal liability for legal entities, as they are either characterized by ambiguity and legal loopholes or lack the binding force to harmonize with the country'ssocio-legal reality.