Civil Liability Derived from Environmental Damage in Peru

de Rojas L.I.V.G.; Calderón F.M.R. · Via Inveniendi et Iudicandi (2023) · DOI: 10.15332/19090528.9735

Resumen

The objective of the study was to establish the criteria for the existence of civil liability derived from environmental damage in Peru. A qualitative methodology was used, of a basic type and non-experimental design, considering the techniques of documentary file and review, data sheet instruments and documentary analysis guide. It is concluded that there is civil liability derived from environmental damage in Peru, and that for its determination it is necessary to individualize the damaging action or actions, the agent producing the damage, the magnitude of the environmental year, the nexus between the agent’s activity and the damage produced. This liability is of a non-contractual and objective nature. For the quantification of the damage it requires the results of the expert appraisal by the specialized organism in the matter. Likewise, the damage report by the competent administrative entities such as Serfor, Sernarp, Digesa, ANA, and OEFA, among others. The damage valuation report must be carried out by the Dirección de Valoración y Pericias de la Procuraduría General del Estado. This valuation may not be definitive and the petition may be expanded in the lawsuit. The form of determination of the compensation for damages to the victims of environmental damage is based on the damage to the people and the economic activities they develop, constituting strict liability.

Instituciones: Universidad Tecnológica del Perú; Universidad Católica Santo Toribio de Mogrovejo