This review article derived from research ex- poses the hunt and theoretical work on the imputation to the State for damages to the en- vironment. Firstly, it addresses the doctrinal conceptualization of imputation based on the characteristics and tendencies of criminal and administrative law. Secondly, the categories of damage and legality are developed, question- ing the scope of the concept of wrongfulness, as a necessary element in the legal duty to re- pair. Likewise, the main doctrinal positions on the scope of these concepts are described and analyzed. Finally, the State's responsibility for damages to the environment is discussed, concluding that, regarding human rights, the juridical figure cannot become an element of justification of the legal action of a State.