Análisis de la jurisprudencia a partir de la normatividad penal que tipifica las conductas punibles de aprovechamiento ilícito de los recursos naturales renovables y la deforestación en Colombia.

Abstract

The exploitation of natural resources and deforestation in Colombia have caused great environmental consequences, affecting fundamental ecosystems and putting the country's sustainability at risk. Although the Colombian Penal Code typifies these behaviors as crimes, the effectiveness of the sanctions imposed remains a controversial issue. Beyond the sanction, there is a need to investigate approaches that allow not only to punish those who commit these conducts, but also to repair the damage caused and prevent future damage to the environment. This research not only analyzes the jurisprudence issued by the Supreme Court of Justice for these crimes, but also explores whether there are models of restorative justice that can help to complement the country's criminal sanctioning system. Through a qualitative approach, the study examines rulings of the Supreme Court of Justice, identifying patterns in the application of the law and the type of sanctions applied. To this end, an analysis sheet of different sentences is developed to systematize key information, such as the type of punishable conduct, aggravating factors and, finally, the decisions. Beyond analyzing the decision in each sentence taken, this research seeks to propose other types of restorative justice alternatives that include the repair of environmental damage, the rehabilitation of offenders and the intervention of the community in the restoration of affected ecosystems. Restorative justice offers a broader view, which not only holds those who have committed an environmental crime accountable, but also seeks ways to repair the damage caused to the ecosystem. With this analysis, tools are provided to strengthen the regulatory framework and promote a more comprehensive approach in the conflagration against environmental crimes in Colombia.The research also invites to reflect on the role of justice in the protection of nature and the construction of a more effective and sustainable model to face these challenges.