La doctrina de la Corte Suprema en materia de culpa infraccional de las personas jurídicas colectivas por daños al medioambiente (Comentario a la sentencia de casación de 13 de diciembre de 2016, Rol N° 17.736-2016)

Abstract

In the last years the Supreme Court of Justice has elaborated, in the matter of damages to the environment by collective subjects, a concept of negligence per se sustained in the principle of culpability. The resolution of environmental qualification constitutes the general juridical frame of evaluation of the standards of conduct demanded from the subjects regulated in the administrative sanctioning procedure. It is punished for exceeding or not having that administrative authorization in the execution of the environmental project. It seems that the responsibility of the agent is objective, since his real intentionality is dispensed with. This work makes a critique of the doctrine collected by the highest court in the adjudication of cassation issued on December 13, 2016, in the case role N° 17.736-2016.