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

Abstract

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.