Resumen

GARCIA CERRON, Erick Leddy. Limitations of the Typification of Infractions in Wildlife Matters. Administrative Sanctioning Procedure Against La Pampilla Refinery. Rev. Kawsaypacha [online]. 2022, n.10, 00009. ISSN 2523-2894.  http://dx.doi.org/10.18800/kawsaypacha.202202.009.

The oil spill in the Ventanilla sea has posed a great challenge for the public agencies responsible for managing this environmental disaster. In addition, different voices of public opinion are demanding that La Pampilla Refinery, a Repsol property, assume its responsibility, among other aspects, for the serious damage caused to wildlife. In this context, the National Forestry and Wildlife Service, through the Technical Forestry and Wildlife Administration of Lima, initiated an administrative sanctioning procedure against the company, accusing them of animal cruelty and the death of marine wildlife specimens. However, this action, which could be considered as an indispensable measure to serve justice in the face of the serious damage caused to our natural resources, could result in a serious setback in the State's search for environmental justice. An analysis of the principle of typicity for the exercise of the administrative sanctioning power and the legislation on wildlife reveals that it may not have adequately regulated events such as those triggered by the oil spill. Such inconsistencies are evidenced in the process to clearly delimit the offending conduct, where gaps in the substantive norm, create a scenario limiting the possibility of adjudicating administrative responsibility and imposing the corresponding sanction for harming our wildlife.

Palabras clave : Oil spill; Environmental emergency; Wildlife; Administrative sanction procedure; Repsol; Perú.

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