El Derecho penal y el problema ecológico

Abstract

PROBLEM: This study addresses, at a theoretical level, whether it is appropriate to use criminal law to address ecological problems in a more determined, forceful, and effective manner. Clarifying these aspects is necessary to develop this important aspect of criminal law as a protective instance of the environment. OBJECTIVE: to argue that criminal law can be legally used to face some of the most serious dangers that human activity represents regarding ecology. METHOD: The approached methodology is of a qualitative type and is developed by analyzing the analytical and doctrinal analysis of the need for criminal law as an ultima ratio for the protection of legal assets at risk, such as the environment. RESULTS: it is shown that the use of criminal law is necessary to legally protect the environment, on which the survival of societies depends. CONCLUSION: neither the administrative laws nor the penal-administrative ones, fulfill this necessary function, especially due to the growing problem of corruption and the symbolic nature of punishment. Therefore, it is necessary to apply criminal law more decisively to stop destructive actions on the environment. However, it is essential to ensure that this use of criminal law does not become another expression of the expansion of anti-guarantee criminal law.