Justicia Ambiental

Presentation

Javier Arévalo Vela — Mon, 30 Jun 2025 00:00:00 +0000

Me es grato dirigirme a la comunidad jurídica y público identificado con nuestra problemática ambiental, quienes siguen de cerca nuestras diversas publicaciones; y a la vez se suman en muchos de los casos aportando a través de sus artículos conocimientos y experiencias en favor del medioambiente y los recursos naturales.

Youth is not only tomorrow’s hope, but fundamentally the preservation of the common home

Teyson Vincen Chancasanampa Chanca — Mon, 30 Jun 2025 00:00:00 +0000

This article covers a brief and exhaustive analysis on the preponderance of youth in environmental issues, which must be resilient and raise the protection of this ship called Earth, where it is aware and not a servant, therefore, it is not only the hope of tomorrow, but primarily for the preservation of the common home and faces climate change, pollution and loss of biodiversity, which leads us to the global ecological holocaust. Therefore, we have to educate, raise awareness and lead the care and understanding among all actors in society, in order to provide global solutions and supranational approach, where we have to moderate and reverse the prejudices caused in generations with little or no environmental awareness to preserve our common home.

Legal Considerations Developed by the United Nations Human Rights Committee and National Courts on Climate Change

Yesenia Carol Cristóbal Taquire — Mon, 30 Jun 2025 00:00:00 +0000

In the absence of sanction mechanisms in the main international instruments on climate change, climate justice has become increasingly relevant. This article will analyze some legal considerations developed by the United Nations Human Rights Committee and by national courts in other countries, such as the Supreme Court of Justice of Colombia, the District Court of The Hague in the Netherlands and the District Court of Essen in Germany. These decisions have recognized that there is a link between climate change and human rights as well as the possibility of attributing civil liability to major emitters of greenhouse gases.

Limits and scope of the Specialized Prosecutor’s Office in environmental matters of Puno in its role of investigation of environmental crimes

Lia Nails Rojas Vizcarra — Mon, 30 Jun 2025 00:00:00 +0000

In Peru, the Specialized Environmental Prosecutor’s Office (FEMA) plays a key role in the investigation of facts that may constitute environmental crimes. In this context, the research aimed to determine the effectiveness of the FEMA of the Puno Prosecutorial District in the protection of the environment during the year 2019. In the Puno Prosecutorial District, this work becomes particularly relevant due to the growing threats derived from illegal activities such as informal mining and pollution, which generate significant environmental impact. Despite having a comprehensive environmental regulatory framework, the effectiveness of its enforcement presents weaknesses. In 2019, the crimes with the highest incidence were environmental pollution and illegal mining, with 54 and 52 cases respectively. This panorama evidences a high fiscal burden that affects FEMA’s response capacity. The analysis of four management indicators — complaint handling, successful indictments, convictions and confirmation of files—showed that only the handling of complaints was effective. The other indicators revealed limitations in institutional efficiency, which reflects a partial response to environmental crimes. Among the factors affecting this situation are the lack of specialized personnel, logistical deficiencies and poor coordination with other State entities. In view of this, guidelines are proposed to improve prosecutorial management, such as strengthening technical capacities, improving investigation processes and updating regulations. These measures are necessary to guarantee a more effective response to environmental crimes in the Puno region.

Negative impact of wildlife trafficking in the Loreto region

Mon, 30 Jun 2025 00:00:00 +0000

Wildlife trafficking has been motivated by factors such as the demand for exotic species, traditional medicine, food, ornamentation and private collection; these wild animals had symbolic and spiritual significance, which led to their capture and trade for ceremonial or religious purposes. In the past, wildlife trafficking intensified through the massive collection and export of animals in various regions of the planet, including Peru. Peru is a megadiverse country and possesses a variety of animal species, and species trafficking in Peru is an attractive focus for people who want to carry out this illegal activity. The study focuses on obtaining, analyzing and integrating primary information by systematically reviewing studies on illegal wildlife trafficking in Loreto. Search descriptors included illegal wildlife trafficking, Loreto, wildlife and environmental crisis, while selection criteria included date of publication, content and relevance to the literature. Initial selection was based on reviews and titles, followed by an extensive analysis and a final selection based on criteria. Finally, the results were compared and summarized by statistical analysis.

Environmental Criminal Liability and the Role of the OEFA in the Peruvian Legal Framework

Mon, 30 Jun 2025 00:00:00 +0000

This research analyzes the scope and effectiveness of the Environmental Evaluation and Oversight Agency (OEFA) in the context of environmental criminal liability in Peru. Faced with the increase in crimes that seriously affect the environment, the current criminal legal framework is examined, as well as the institutional role of the OEFA as an oversight body and its link with the criminal justice system. Through a qualitative and comparative legal approach, we review normative sources, official data from MINAM and OEFA, as well as academic literature indexed in Scopus on environmental criminal liability and regulatory agencies in Latin America. Preliminary findings indicate, while the OEFA plays a key technical role in detecting environmental infractions, it faces limitations in its ability to directly influence criminal prosecutions. The study proposes regulatory and institutional alternatives to strengthen coordination between the OEFA and justice operators, with a view to improving the effectiveness of the environmental criminal justice system in Peru.