¿Puede ser el derecho penal ambiental eficaz?

Laburpena

The aim of this paper is to list and reflect on the many obstacles that can reduce the preventive efficacy of environmental criminal law from a perspective that considers potential offenders as subjects who act according to a criterion of economic rationality. The analysis of the factors that can limit efficacy begins with a reflection on whether our production and consumption societies are really pursuing a reduction of environmental harm. This is followed by a discussion of the aspects associated with the drafting of environmental criminal law and its enforcement (prosecution and conviction) that can have a negative impact. The lack of a real will in the creation of adequate environmental regulations and their enforcement by the administration, the indeterminacy of the forms of aggression against the environment sanctioned by criminal law and the low severity of the sanctions (foreseen and imposed) appear to be the main (but not the only) aspects that make it difficult for the penal instruments to function effectively in the prevention of environmental crimes.