Analysis on the criminal and organic law of the environment in venezuela

To make a little history in 1992, the criminal law of the environment was generated to serve as a complement to the organic law of the environment this law was reformed in 2012 to adapt to the constitution of the Bolivarian Republic of Venezuela of the year 1999, the constitution projected profound social changes not only at a political and economic level but also at an environmental level, within the aspects that are reflected in the constitution is the protection of the natural resources present in our ecosystems, so that they can also be used for future generations.

For this reason, articles on environmental rights are reflected in the constitution, since it reflects it as a fundamental right that every citizen or group should consider, it is for this reason that it became necessary to update the laws governing the environment to adapt it to the new context. That is why, due to the importance reflected in the constitution of Venezuela and with the foundation of the organic law of the environment, the new criminal law of the environment was published in the Official Gazette of the Bolivarian Republic of Venezuela N° 39.913, dated May 2, 2012, being annulled the one of the year 1992.

This law after reading some of its articles and analyzing it aims to capture as crimes any act that threatens the balance of ecosystems and affects natural resources that are essential for many processes on our planet, the idea of this law is to impose criminal penalties on those who are immersed in any fault that is reflected there, within the aspects that are reflected in the law for those who fail is mandatory attendance at, environmental education workshops that will undoubtedly be able to clarify any doubts to people who incur in any environmental fault about environmental laws, in the same way the document also establishes sanctions such as prison and fines.

In a few words, this law seeks to determine in a clear way what environmental crimes are; they would come to be defined as actions that violate the rules established for the conservation, defense and improvement of the environment, and establishes criminal penalties for those crimes and it is possible to punish crimes caused by negligent or reckless behaviors. Among the crimes that are reflected in the law are the illegal discharge of polluted waters, discharge of hydrocarbons into aquatic environments, practices of prohibited activities in protected areas, illegal deforestation, among others.

At the business level, it also states that a company is guilty of an environmental crime when the action committed comes through a decision made by the managers of the organization. The purpose of this law is to prevent violations against the balance of ecosystems and biodiversity. It is important that society knows about this law to know what to do when witnessing an act that threatens the environment, because even public officials can be sanctioned if they come to give improper permits such as deforestation and construction on the banks of rivers.

In this same vein, it is important that we differentiate the criminal environmental law and the organic law, because the former focuses on translating the penalties for citizens who incur in environmental crimes, either intentional or reckless. But the organic law of the environment aims to establish what are the principles that should be considered to manage the environment efficiently, it also establishes the right that we citizens have to a healthy and balanced environment, of course under the bases of sustainable development to make a rational use of natural resources.

The organic law of the environment can become a valuable instrument for environmental management at the time of developing a project, since, it would avoid incurring in any lack from the environmental approach which guarantees that one of the components of sustainable development is being fulfilled which is to preserve our natural ecosystems for future generations.

Another element that I consider important is the incorporation of the right to environmental education in educational institutions, because I think it is the most important means to raise awareness among new generations about how important it is to take care of the environment for the well-being of human beings. Specifically, this law promotes the incorporation of a corresponding subject at all educational levels, such as ecology, to socialize environmental knowledge and the importance of sustainable development, which will allow educational development in this environmental subject.

Finally, from the agricultural approach I can say that these laws play a fundamental role, because agriculture has been managed with the excessive use of synthetic products, making these laws known to producers with informal educational strategies can generate a change in their perception of producing and that they begin to value natural resources for production as a natural ally that empower agriculture as is the case of soil biodiversity for decomposition of organic matter. If we promote these laws we will have citizens we will have more responsible citizens with the environment which would result in more balanced and less polluted ecosystems.