Resumo

MANRIQUEZ ZAPATA, Héctor Miguel  e  RASCON, Jesús. The legal environmental atypicality and damage to natural resources. The case of forest fires in Chachapoyas and Luya, Peru. Arnaldoa [online]. 2020, vol.27, n.1, pp.351-366. ISSN 1815-8242.  http://dx.doi.org/10.22497/arnaldoa.271.27122.

The objective of this study was to analyze the environmental legal atypicality in determining the crime in forest fires that occurred in Chachapoyas and Luya, Peru, despite the damage they cause to natural resources. The study was descriptive, with a quantitative, cross-sectional and retrospective approach, based on 24 tax files on fire cases between 2016 and 2019. It is observed that 79.2% of forest fires occurred in the province of Chachapoyas and 20.8% in the province of Luya, in these fires a variety of fauna species among birds, mammals, amphibians and varieties of insects were affected. Regarding the affected flora were species such as "pine" (Pinus patula Schltdl. & Cham.), "eucalyptus" (Eucalyptus globulus Labill.), "alder" (Alnus acuminata Kunth), "huarango" (Prosopis pallida (Humb. & Bonpl. Ex Willd.) Kunth), "morocho" (Myrsine oligophylla Zahlbr), "cedro" (Cedrela odorata L.), "ishpingo" (Amburana cearensis (Allemão) AC Sm.), "lucmito" (Hieronima andina Pax & K. Hoffm) and "tara" (Caesalpinia spinosa (Molina) Kuntze) among others As for other natural resources, the natural habitat of species, eyes and water sources, among others, were affected. The total number of cases (100%) of criminal conduct caused by forest fires were considered as atypical by the Environmental Special Prosecutor’s Office, not being characterized as a crime. In conclusion, the grounds for filing the case due to atypicality were because the area affected by the forest fire did not conform to the concept of forest according to technical and legal regulations; therefore, it could not be classified as an environmental crime, despite the numerous natural resources that were affected among fauna, flora and others.

Palavras-chave : Environmental legislation; legal atypicality; forest fires.

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