Abstract

GARRO PARRA, Álvaro. The Punitive Environmental Administrative Procedure since the entry into force of the law 1437 of 2011. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2013, vol.43, n.118, pp.443-470. ISSN 0120-3886.

ABSTRACT: From the entry into force of  Law 1437 of 2011 the punitive environmental procedure recently enshrined in the Law 1333 of 2009 suffered substantial changes: on  one side, there were included new stages and, on the other side, there were added and modified existing ones, stages as communication to interested third parties, the handing for arguing and the handing of submitted evidences with the reversal appeal  constitute a new regulation which joins the existing statute, and emerges a new one. This brief will justify the need to integrate law 1333 of 2009 and law 1437 of 2011 in order to NOT violate the right to the due process of the person under investigation, and it will determine the procedural rules to be applied by the environmental authorities to the acts and procedures which object is the sactions imposition  for environmental infraction and that begin as of July 2, 2012.

Keywords : sanctioning procedure; environmental infringement; sanction; graduation; notification; charges; disclaimers; evedences.

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