Legal analysis on the application of enviromental sanctionatory process for the protection of the fauna in three municipalities of the province of Chocó, 2005-2010

Abstract

The environmental legal sanctioning system is defined as the body of rules, procedures and actions which are used to impose administrative sanctions and punishment to those who infringe or break the current environmental legislation. The main purpose of this legislation is to guarantee environment preservation and rational use of the natural resources. This research was carried out to analyze from a juridical perspective the application and observance of environment sanctioning system by the authorities in charge in the department of Chocó according to the tasks assigned them by the law 99 of the year 1993 and the law 1333 of the year 2009 and executive orders which rule this issue. To accomplish our goal a descriptive research was developed in three municipalities: Istmina, Rio Sucio and Quibdó taking into account the technique of study cases, analyses of the national environment legislation and the constitutional court jurisprudence, the jurisdiction of the environment authority in the department of Chocó (Corporación Autonoma Regional para el Desarrollo sostenible del Chocó, CODECHOCÓ). Currently there are no specific reports about the imposition of environment sanctions in order to protect fauna resources. Due to this fact, the media and the general community criticize the sanctioning power exercised by the environmental authorities