The criminal offense of malicious submission of information in environmental assessment proceedings and its relationship with information oversight within the Environmental Impact Assessment System

Abstract

This paper analyzes the criminal offense of malicious submission of information in environmental assessment proceedings, established in Article 37 bis letter (a) of Law No. 20.417, in light of its relationship with information oversight mechanisms within the Environmental Impact Assessment System. In particular, it examines whether the punishable conduct may be cured during the procedure through the submission of addenda, considering the recurrent practice of supplementing information in response to requests for clarifications, corrections, or expansions. The article argues that such possibility must be excluded when the omitted, altered, downplayed, or understated information is relevant or essential for the environmental assessment, insofar as it concerns the description of the project, the prediction of impacts, the adequacy of mitigation, reparation or compensation measures, or environmental monitoring. Based on a systematic interpretation of environmental legislation, the article concludes that the criminal offense reinforces the duty to submit complete, truthful, and sufficient information from the filing of the Environmental Impact Study (EIS) or Environmental Impact Declaration (EID), without allowing addenda to operate as a mechanism to cure intentional omissions concerning essential information.