Situación actual de la legislación penal ambiental colombiana y dentro del contexto del acuerdo de paz

Abstract

The Environmental Criminal Law is today a world-class legal reality, in a country like Colombia, in time has already been a short field of development in the face of the numerous challenges of this type of normative and penal order, in a territory as rich in biodiversity as in the respective natural resources. And in that stretch, he has been the subject of various criticisms of its functioning, given that at present the environmental field was indirectly part of analysis and political management within the framework of the peace agreement signed with the former FARC guerrillas, It is necessary and pertinent to study how this has influenced, and will influence, the functioning of the Environmental Criminal Law in the present and in the immediate future. To do so, be it will be necessary to review and weigh the secondary information that has been working on the subject, and to give priority to that which has as a direct source the same protagonists of events related to environmental crimes associated with armed violence (terrorism). It is hoped that we will then be able to analyse the real and objective conditions regarding the functioning of the Environmental Penal Legislation in our country, knowing that despite the difficulties that arise to function properly, armed violence is added as one of the main criminal sources that have led, and continue to lead, to environmental depredation. Of course, it is assumed that the approach and development of this dissertation will be of the greatest relevance and usefulness to the legal, environmental, and social interests involved at the national level in it.