Justicia Restaurativa y Tratamiento Penal Diferenciado de los Delitos que Ocasionan Daños Ambientales de Menor Entidad en Contextos Rurales en Colombia

Abstract

Restorative Justice and Differentiated Criminal Treatment for Offenses Causing Minor Environmental Harm in Rural Contexts in Colombia is a qualitative legal research study based on the normative, jurisprudential, and doctrinal analysis of restorative justice, the purposes of punishment, and Colombian environmental criminal law. The research is grounded on the premise that, although environmental protection under Colombian criminal legislation has been progressively strengthened, the State's criminal response continues to be primarily based on a retributive approach. Based on the analysis conducted, it is concluded that restorative justice may constitute a legally viable and potentially more effective alternative for the protection of the environmental legal interest in cases involving offenses that cause minor environmental harm, particularly in rural contexts. This approach promotes mechanisms focused on environmental damage reparation, ecological restoration, and guarantees of non-repetition, without disregarding the offender's criminal responsibility. However, its application depends on whether the specific case falls within the conceptual category proposed by this research, referred to as minor environmental harm. This category requires that the environmental damage be reparable, involve a low degree of harmfulness, be unrelated to organized environmental crime, and be subject to effective monitoring and control mechanisms. Under these conditions, restorative justice may provide a more effective means of environmental protection while maintaining accountability and ensuring the restoration of the affected ecosystem.