This week, the case of pollution of the Paraná River due to the massive discharge of effluents took a key turn in the Justice system.
Last Thursday, the Federal Chamber of Criminal Cassation annulled the ruling that exempted five former directors of Aguas Santafesinas from responsibility and ordered to reopen the investigation.
The decision regarding the massive discharge of effluents into the river marks a turning point in the criminal protection of the environment.
Pollution of the Paraná River: more than 350 million liters of effluents daily into the river
Between 2018 and 2021, the Emisario Sur plant allegedly dumped more than 350 million liters of effluents daily into the Paraná, with untreated sewage and industrial waste.
Forensic examinations by the Argentine Federal Police confirmed the presence of fecal coliforms, Escherichia coli, lead, and nickel in the water.
The pollution extended more than 350 meters from the discharge point, according to official analyses.
The company lacked a valid Environmental Aptitude Certificate, violating Law 24.051 on Hazardous Waste, Law 27.279, and provincial regulation 11.220 of Santa Fe.
Additionally, it violated international treaties such as the Escazú Agreement and the UN Sustainable Development Goals.
The Cassation ruling against those responsible
The IV Chamber of the Federal Chamber of Criminal Cassation revoked the resolution of the Federal Chamber of Rosario that had exempted the former directors of Aguas Santafesinas for the pollution of the Paraná River due to the discharge of effluents.
This chamber is composed of judges Mariano Borinsky, Gustavo Hornos, and Javier Carbajo.
Now, the court reinstated the prosecution of the five former officials for alleged violation of Article 55 of Law 24.051.
The judges reproached the Rosario Chamber for adopting a restrictive interpretation of the concept of hazardous waste, excluding sewage effluents.
The magistrates stated that “the state or public service nature of the company does not exempt it from criminal responsibility“.
They also emphasized that the environment and health are collective legal assets, as expressed by the case’s lawyers, Gimena Viviani and Fabián Maggi.
Cassation recalled that environmental crimes provided for in Law 24.051 are of abstract danger.
This means that it is sufficient to prove the creation of a certain risk of pollution without the need for the damage to have been consummated.
For the court, liquid waste with a high bacteriological load and industrial components clearly fall within the categories of Annex II of Law 24.051 on Hazardous Waste.
Pollution of the Paraná River: the judicial process
In September 2022, federal judge Silvia Aramberry partially granted a precautionary measure filed by the Río Paraná Basin Civil Association against Assa, the Regulatory Entity of Sanitary Services (Enress), and provincial and national ministries.
The magistrate ordered the company to adjust its actions within 15 days regarding the reception and treatment service of sanitary origin liquids.
However, she did not grant the infrastructure project to build a treatment plant at that time.
In December 2022, federal prosecutor Claudio Kishimoto requested the summoning for questioning of the five directors.
In May 2024, judge Carlos Vera Barros prosecuted the directors and ordered the seizure of assets upon proving the systematic discharge.
Finally, in December 2024, judge Aramberry ordered Assa to construct a treatment plant for contaminant effluents, granting the request of lawyers Viviani and Maggi.
Now, the representatives of the Río Paraná Basin Civil Association celebrated the Justice’s decision.
The entity highlighted the restoration of “the validity of environmental criminal law and the end of institutional impunity in ecological matters“.
“Beyond the names, the message is clear: the protection of the environment is a non-delegable responsibility and the Paraná continues to be a living witness of that debt,” emphasized Viviani and Maggi.
Judicial sources highlighted that the resolution could set a precedent for other cases of pollution in Argentine rivers.
The Chamber ordered the continuation of the criminal investigation and stressed that environmental protection recognizes no exceptions or functional prerogatives.
